Allowed

Dukhai Mandal v. The State of Bihar

Patna HC24 Oct 2019CR. MISC./63792/2019

Case brief

AI extract

What is this about?

The High Court at Patna granted anticipatory bail to ten petitioners facing charges under multiple sections of the Indian Penal Code. The court fixed bail amounts and imposed strict conditions regarding presence in court and cooperation with investigation.

What did the court decide?

Release of petitioners on bail subject to conditions including presence in court and payment of bond.

Dukhai Mandal Vs The State of Bihar — Quashing and FIR | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.63792 of 2019

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Arising Out of PS. Case No.-152 Year-2019 Thana- RANIGANJ District- Araria

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======================================================

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DUKHAI MANDAL S/o Late Somi Mandal R/o village- Parmanandpur, P.S.- Raniganj, Distt.- Araria

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Anita Devi @ Amita Devi W/o Manoj Mandal R/o village- Parmanandpur, P.S.- Raniganj, Distt.- Araria

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Rita Devi W/o Binod Mandal R/o village- Parmanandpur, P.S.- Raniganj, Distt.- Araria

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Rajendra Mandal S/o Janak Lal Mandal R/o village- Parmanandpur, P.S.Raniganj, Distt.- Araria

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Mukesh Mandal @ Mukesh Kumar Mandal S/o Rajendra Mandal R/o village- Parmanandpur, P.S.- Raniganj, Distt.- Araria

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Abhinandan Mandal @ Abhinandan Kumar Mandal S/o Manoj Mandal R/o village- Parmanandpur, P.S.- Raniganj, Distt.- Araria

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Dilkhush Mandal @ Dilkhush Kumar Mandal S/o Manoj Mandal R/o village- Parmanandpur, P.S.- Raniganj, Distt.- Araria

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Ramesh Mandal S/o Lulai Mandal R/o village- Parmanandpur, P.S.Raniganj, Distt.- Araria

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Amar Kumar Mandal S/o Ramesh Mandal R/o village- Parmanandpur, P.S.Raniganj, Distt.- Araria

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Santosh Kumar Mandal @ Santosh Mandal S/o Ramesh Mandal R/o villageParmanandpur, P.S.- Raniganj, Distt.- Araria

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... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Baidya Nath Thakur Mr. Binod Kumar Mr. Prabhakar Thakur For the Opposite Party/s : Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER

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2 24-10-2019 Heard learned counsel for the petitioners and learned APP

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for the State.

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The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 341, 323, 379, 354(B), 504, 324,

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Patna High Court CR. MISC. No.63792 of 2019(2) dt.24-10-2019 2/3

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506 of the Indian Penal Code registered in connection with Raniganj P.S. Case No. 152/2019.

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It is submitted that the petitioners have been falsely implicated and there is case and counter case between the parties. It is further submitted that the accusations are general and omnibus and the injuries are simple in nature. The ingredients of the offence under Section 354(B) of the Indian Penal Code are not attracted from the averments in the FIR and the accusation of snatching golden chain is mere embellishment. The petitioners claim clean antecedents.

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Be that as it may, in the event of the petitioners’ arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned CJM, Araria, in connection with Raniganj P.S. Case No. 152/2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:

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i. That one of the bailors shall be a close relative of the petitioners.

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ii. That the petitioners shall not indulge in any similar offence till conclusion of the trial.

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Patna High Court CR. MISC. No.63792 of 2019(2) dt.24-10-2019 3/3

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iii. That the petitioners shall co-operate with the investigation,

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if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

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iv. The petitioner nos. 2 and 3 shall be well represented in Court on each and every date during trial except as and when directed by the learned Court below to be physically present and the petitioner nos. 1 and 4 to 10 shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

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(Vikash Jain, J)

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Chandran/-

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U T

Dukhai Mandal v. The State of Bihar

Case brief

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Dukhai Mandal v. The State of Bihar

Case brief

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