Patna High CourtCR. MISC./45785/2015bail granted

Bhakol Mandal v. The State Of Bihar

2016-02-12Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.45785 of 2015 (4) dt.12-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45785 of 2015 Arising Out of PS.Case No. -206 Year- 2014 Thana -DHAMDAHA District- PURNIA ====================================================== Bhakol Mandal, S/o Bilash Mandal, Resident of Village- Kabalsia (Mali), P.S.- Dhamdaha, District- Purnea.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 12-02-2016 Seeing the explanation sent from the court of Judicial Magistrate, Ist Class, Purnea pursuat to this Court's order dated 15.10.2015, the same is accepted.

2. Heard learned counsel for the petitioner and learned APP for the State.

3. The petitioner is in custody since 19.03.2015 in connection with Dhamdaha P.S.Case No. 206 of 2014 for the offences alleged under Sections 341, 324, 326, 307, 504/34 of the Indian Penal Code and 27 of the Arms Act.

4. It is submitted that the petitioner has been falsely implicated owing to land dispute. The F.I.R. has been instituted after inordinate delay of 72 days on 14.08.2014 for the alleged occurrence of 02.06.2014. It is further submitted that no injury has been caused with firearm.

Patna High Court Cr.Misc. No.45785 of 2015 (4) dt.12-02-2016

5. None appears on behalf of the State when the matter is called.

6. It is noted from the details of injuries as recorded in para-41 of the case diary that the informant is said to have been caused injury by hard and blunt substance, which belies the accusation of assault on her with farsa.

7. Having regard to the entirety of the facts and circumstances of the case, let the petitioner Bhakol Mandal be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of Sri R.K. Sinha, learned Judicial Magistrate, Ist Class, Purnea in connection with Dhamdaha P.S. Case No. 206 of 2014.

(Vikash Jain, J) Md. Ibrarul/- U T