Allowed

Yogenera Mandal @ Yogendra Mandal @ Joginder Mandal v. The State of Bihar

Patna HC26 Nov 2019CR. MISC./75300/2019

Case brief

AI extract

What is this about?

This order grants anticipatory bail to petitioners fearing arrest for various offences under the IPC. The court stipulated conditions including furnishing bonds, presence of a close relative, no repetition of offences, cooperation with investigation, and physical presence in court during trial.

What did the court decide?

Petitioners released on bail on Rs. 10,000 each with two sureties of similar amount, subject to specific conditions regarding presence, investigation, and conduct.

Yogenera Mandal @ Yogendra Mandal @ Joginder Mandal Vs The… — Anticipatory Bail | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.75300 of 2019

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Arising Out of PS. Case No.-5 Year-2019 Thana- BHARGAMA District- Araria

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YOGENERA MANDAL @ YOGENDRA MANDAL @ JOGINDER MANDAL S/o Late Uttimlal Mandal R/o village- Khutaha Baijnath, P.S.Bhargama, District- Araria

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Ramu Mandal S/o Late Uttimlal Mandal R/o village- Khutaha Baijnath, P.S.Bhargama, District- Araria

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Lal Mohan Mandal S/o Late Yoganand Mandal R/o village- Khutaha Baijnath, P.S.- Bhargama, District- Araria

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Ghan Shyam Mandal S/o Late Yoganand Mandal R/o village- Khutaha Baijnath, P.S.- Bhargama, District- Araria

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Shivanand Mandal @ Shiva Mandal S/o Devendra Mandal R/o villageKhutaha Baijnath, P.S.- Bhargama, District- Araria

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Mukesh Kumar Rana For the State : Mr.Umanath Mishra, APP

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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER

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2 26-11-2019 Heard learned counsel for the petitioners and learned APP for the State.

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The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 307, 354, 379, 504 and 506/34 of the Indian Penal Code, registered in connection with Bhargama P.S.Case No. 05 of 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. Specific accusation of assault has been made against co-

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Patna High Court CR. MISC. No.75300 of 2019(2) dt.26-11-2019 2/3

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accused Devendra Mandal while accusation of assault against the petitioners is general and omnibus. The petitioners claim clean antecedents.

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Be that as it may, in the event of petitioners’ arrest or surrender before 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 bonds of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Bhargama P.S.Case No. 05 of 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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(iii) That the petitioners shall co-operate with the investigation, 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) That the petitioners shall remain physically present in Court on each and every date during trial and in the

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Patna High Court CR. MISC. No.75300 of 2019(2) dt.26-11-2019 3/3

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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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HR/-

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U T

Yogenera Mandal @ Yogendra Mandal @ Joginder Mandal v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Yogenera Mandal @ Yogendra Mandal @ Joginder Mandal v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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