Patna High CourtCR. MISC./62498/2017bail granted

Bijay Mandal v. The State Of Bihar

2017-12-20Mr. Justice Prakash Chandra Jaiswal2 pages

Patna High Court Cr.Misc. No.62498 of 2017 (2) dt.20-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62498 of 2017 Arising Out of PS.Case No. -108 Year- 2016 Thana -PARBATTA District- BHAGALPUR ====================================================== Bijay Mandal S/o Late Narayan Mandal, R/o Village-Sahu Parbatta, Niz Tola P.S. Parbatta District-Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Parbatta P.S. Case No. 108 of 2016 registered under Sections 504, 307/34 of the Indian Penal Code and under Sections 25(1-b)/26/27 of the Arms Act.

The petitioner is said to have resorted firing on the informant over property dispute.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in this case due to property dispute. He had no intention to eliminate the informant as the occurrence took place in spur of moment on slating mother of the petitioner by the informant over property dispute. The injury inflicted is not on the vital part of the person of the victim

Patna High Court Cr.Misc. No.62498 of 2017 (2) dt.20-12-2017 rather on the back. Earlier, the bail prayer of the petitioner was rejected with liberty to renew the same after four months in case the trial is not concluded within the stipulated period. Charge in the case has already been framed on 24.05.2017 and till today no witness has been examined by the prosecution. The petitioner has been languishing in custody since 04.11.2016. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional District & Sessions Judge, Naugachia, DistrictBhagalpur in connection with Parbatta P.S. Case No. 108 of 2016.

(Prakash Chandra Jaiswal, J) rohit/- U T