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Shiv Mandal v. The State Of Bihar

Patna HC21 Apr 2014CR. MISC./8851/2014

Case brief

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What is this about?

The Patna High Court in Cr. Misc. 8851 of 2014 granted bail to the petitioner accused of theft under IPC Section 392. Despite prior custody for another case, the court found no incriminating articles and relied on witness statements rather than positive identification, directing the petitioner to execute a bond with sureties.

What did the court decide?

Release on bail on furnishing a bond of Rs. 10,000 with two sureties (one relative) and appearing on all trial dates.

Shiv Mandal Vs The State Of Bihar — Bail and Remand | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.8851 of 2014

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===================================================== Shiv Mandal, son of Shri Musho Mandal @ Musharoo Mandal, resident of village-Patelnagar Dakara Nala, P.S. Naya Ram Nagar, District-Munger. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. ===================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER --------------- 2 21-04-2014 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

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The petitioner seeks bail in connection with Naya Ram Nagar P.S. Case No.27 of 2013 (G.R. No.297 of 2013) registered under Section 392 of the Indian Penal Code.

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Learned counsel appearing on behalf of the petitioner submits that the petitioner is neither named in the F.I.R. nor any incriminating article has been recovered from his possession. In course of investigation, it has only come in the statement of the two witnesses that the stolen motorcycle was being used by this petitioner. Except that, there is nothing against the petitioner to connect him in the commission of the alleged offence. It is further submitted that the petitioner is in custody since 30.9.2013 but he has not been put on T.I. Parade, while the informant has claimed to identify the culprits on seeing them again. In fact, the petitioner

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Patna High Court Cr.Misc. No.8851 of 2014 (2) dt.21-04-2014 2/2

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was in custody since 27.9.2012 in connection with G.R. No.1535 of 2012 and was released on bail in that case on 2.3.2013, as such, the petitioner was in jail custody on the date of the alleged occurrence of the present case. Further submission is that as the petitioner is accused in several cases, as detailed in paragraph-3 to this application, due to that reason, the petitioner has also been made accused in this case.

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Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Smt. Rajni Kumari, Judicial Magistrate, Munger, in connection with Naya Ram Nagar P.S. Case No.27 of 2013 (G.R. Case No.297 of 2013). Out of the two sureties, one must be either parents or close relative of the petitioner and further, the petitioner shall remain present on each and every date during the course of the trial in the court below. If the petitioner fails to remain present on two consecutive dates during the course of the trial without any reasonable cause being shown, the court concerned would be at liberty to take steps for cancellation of his bail bonds.

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(Rajendra Kumar Mishra, J)

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P.S./-

Shiv Mandal v. The State Of Bihar

Case brief

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Shiv Mandal v. The State Of Bihar

Case brief

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