Patna High CourtCR. MISC./25545/2016bail granted

Dhiraj Mandal v. The State Of Bihar

2016-12-21Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.25545 of 2016 (5) dt.21-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25545 of 2016 Arising Out of PS.Case No. -112 Year- 2014 Thana -SURYAGARHA District- LAKHISARAI ======================================================

1. Dhiraj Mandal Son of Sopari Mandal @ Khesari Mandal Resident of village - Tal Bansipur, P.S. Surajgarha ( Manikpur ), District - Lakhisarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lakshmi Kant Sharma For the Opposite Party/s Mr. Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 05/ 21.12.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under section 304B/34 of the Indian Penal Code.

Petitioner is in jail custody since 2.2.2015 and earlier his prayer for bail was rejected by this court vide order dated 10.9.2015 passed in Cr. Misc. no. 15544/2015 taking note of stage of the case but trial court has reported that case of the petitioner has already been committed to the court of sessions.

Submission on behalf of the petitioner is that at the time of earlier rejection, this court had noticed that in course of investigation witnesses stated that the deceased was caught in fire accidentally but since the prayer for bail was made infancy stage of the case, this court declined to enlarge the petitioner on bail but now, stage of trial has already changed.

Patna High Court Cr.Misc. No.25545 of 2016 (5) dt.21-12-2016 Considering the aforesaid facts and circumstances as well as opinion given in my previous order dated 10.9.2015 passed in Cr. Misc. no. 15544/2015, 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 Chief Judicial Magistrate, Lakhisarai in Suryagarha (Manikpur) P.S. Case no. 112/2014. shahid (Hemant Kumar Srivastava,J) U T