Patna High CourtCR. MISC./2752/2015bail granted

Rajendra Mandal v. The State Of Bihar

2015-01-22Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.2752 of 2015 (2) dt.22-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2752 of 2015 Arising Out of PS.Case No. -52 Year- 2013 Thana -GOPALPUR District- BHAGALPUR ======================================================

1. Rajendra Mandal Son of Late Govind Mandal Resident of Village - Athgama, P.S- Ghogha, District - Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhananjay Kumar Gupta For the Opposite Party/s Mr. Kanhaiya Kishore(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 22.01.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

It is submitted on behalf of the petitioner that no partition in respect of land in question has been taken place between co-sharers as yet and, as a matter of fact, land in question is ancestral land of the petitioner and others. It is further contended by him that co-accused Janardan Mandal and Chaturi Mandal have already been granted privilege of bail by different benches of this court. It would appear that co-accused Janardan Mandal was granted bail by a bench of this court vide order dated 03.10.2013 passed in Cr. Misc. No.40457/2013 taking note of this fact that Title suit no. 666/2012 was pending between co-sharer of land in question. Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of this fact that petitioner is in jail custody since 03.09.2014 without having any

Patna High Court Cr.Misc. No.2752 of 2015 (2) dt.22-01-2015 criminal antecedent, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge II, Naugachia in GR case no. 233A/2013 arising out of Gopalpur P.S. Case no. 52/2013. shahid (Hemant Kumar Srivastava,J) U T