Patna High CourtCR. MISC./46321/2015bail granted

Umesh Kumar @ Umesh Mandal v. The State Of Bihar

2016-05-04Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46321 of 2015 Arising Out of PS.Case No. -138 Year- 2014 Thana -PIRPAINTI District- BHAGALPUR ====================================================== Umesh Kumar @ Umesh Mandal Son of Janardan Mandal, Resident of Village- Madhuban Diyara, P.S. Pirpainti, District- Bhagalpur. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjan Kumar Jha For the Opposite Party/s : Mr. Shailendra Kumar-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-05-2016 Heard learned counsel for the petitioner and the learned Addl. Public Prosecutor, appearing on behalf of the State. This application for grant of anticipatory bail arises out of Pirpainty P.S.Case No. 138/2014, disclosing offences under sections 302, 328, 34 of the Indian Penal Code. Learned counsel, appearing on behalf of the petitioner, referring to the First Information Report, has submitted that no overt act has been alleged against the present petitioner, though there is allegation against his mother, Rabita Devi, who is said to have administered sons of the informant, poison. He has submitted that because of the land dispute between the family of the informant and the petitioner, the name of the petitioner has also been given in the First Information Report.

I find substance in the submissions so advanced. This

Patna High Court Cr.Misc. No.46321 of 2015 (5) dt.04-05-2016 application is, accordingly, allowed.

Let the petitioner, abovenamed, in the event of his arrest/ surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Bhagalpur in Pirpainty P.S.Case No. 138/2014, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

This is subject to the condition that the petitioner shall present himself before the police/ court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Surendra/- U