Maheshwar Mandal v. the State of Jharkhand
Case brief
What is this about?
The High Court of Jharkhand dismissed the objection of the State regarding a bail application. Considering that a co-accused was already on bail, the court directed the petitioner's release on bail conditions.
What did the court decide?
Direction to release the petitioner on bail of Rs. 10,000 with two sureties to the satisfaction of the Additional Sessions Judge, Jamtara.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 788 of 2022 Maheshwar Mandal @ Maheswar Mandal ... Petitioner Versus The State of Jharkhand … Opposite Party --CORAM : HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY Through Video Conferencing
--For the Petitioner : Mr. Kaushik Sarkhel, Advocate For the State : Mr. Someshwar Roy, A.P.P. --- Order No. 02 Dated 23rd February, 2022
Heard the learned counsel appearing for the respective parties. Defect No. 9(ii), as pointed out by the office, is ignored.
The petitioner is an accused in connection with S.T. No. 151 of 2019 arising out of Jamtara P.S. Case No. 82 of 2014.
It has been alleged that when the informant and his cousin brother were going to Jamtara Court on a motorcycle, they were fired upon and a bullet struck his cousin brother. When the informant and his cousin started fleeing away, they were repeatedly fired upon by the petitioner and Kishun Mandal.
It has been stated by the learned counsel for the petitioner that the main allegation has been levelled against Kishun Mandal who was riding pillion on the motorcycle driven by the petitioner and who is said to have fired at the victim. Learned counsel submits that so far as Kishun Mandal is concerned, he has already been granted bail by the learned court below in B.P. No. 438 of 2014. He adds that the petitioner is in custody since 10.06.2019.
Learned APP has opposed the prayer for bail of the petitioner
Issues for consideration
1 issue framed by the court
Whether the petitioner is entitled to bail given that the co-accused Kishun Mandal has already been granted bail.
Parties & counsel
- petitioner
Maheshwar Mandal
- respondent
The State of Jharkhand
Coram
RONGON MUKHOPADHYAY
Case details
As recorded by the court registry
- Court
- Jharkhand HC
- Decided on
- · February
- Registered
- Case no.
- B.A./788/2022
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