Allowed

Dhawali Mandal @ Rajendra Mandal v. The State Of Bihar

Patna HC25 Sept 2013CR. MISC./17929/2013

Case brief

AI extract

What is this about?

This order grants bail to the petitioner in a Section 302 IPC case after considering the lack of eyewitnesses, clean antecedents, and two-year custody duration. Bail is secured with bonds and sureties subject to personal appearance conditions.

What did the court decide?

Petitioner released on bail of Rs.10,000/- with two sureties of like amount, subject to personal appearance.

Dhawali Mandal @ Rajendra Mandal Vs The State Of Bihar — Bail and Remand | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17929 of 2013

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====================================================== Dhawali Mandal @ Rajendra Mandal son of Shri Bhikhari Mandal resident of village Haridaspur, P.S Nathnagar, District Bhagalpur .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 6 25-09-2013 Heard Bhola Prasad, learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

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The petitioner is in custody in connection with Nathnagar P.S. Case No. 117 of 2011 (S.T. No. 492 of 2012) for the offence punishable under Section 302 of the Indian Penal Code.

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The allegation against this petitioner is of assaulting the deceased with sharp weapon causing death of the deceased.

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It is considering the nature of allegation that the prayer of the petitioner was earlier rejected by order dated 15.3.2012 passed in Cr. Misc. No. 43379 of 2011.

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It has been contended by learned counsel for the petitioner that there is no eye witness to the occurrence and the petitioner has a clean antecedent and has remained in custody for more than 2 years having been arrested on 11.8.2011.

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Taking into consideration the submission of learned

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Patna High Court Cr.Misc. No.17929 of 2013 (6) dt.25-09-2013

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counsel, the antecedent of the petitioner and the period of custody, let the petitioner namely, Dhawali Mandal @ Rajendra Mandal be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Additional District & Sessions Judge 3^rd , Bhagalpur in connection with Nathnagar P.S. Case No. 117 of 2011 (S.T. No. 492 of 2012) subject to the condition that the petitioner shall be personally present before the trial Court on each and every date fixed in the trial and failure on the part of the petitioner to present himself on two consecutive dates fixed without reasonable explanation to the satisfaction of the trial Court, would entitle the Court concerned to cancel the bail bond of the petitioner and to take him into custody.

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(Jyoti Saran, J)

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Bibhash/-

Dhawali Mandal @ Rajendra Mandal v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Dhawali Mandal @ Rajendra Mandal v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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