Allowed

Rajeshwar Mandal v. the State of Bihar

Patna HC28 Jul 2022CR. MISC./19009/2022

Case brief

AI extract

What is this about?

An oral order allowing the bail of a petitioner in accused capacity in a criminal case involving assault and attempt to murder, subject to stringent conditions including family surety and witness tampering prohibitions.

What did the court decide?

Petitioner released on bail on furnishing bond of Rs.10,000 with two sureties of like amount each subject to conditions of appearance and non-interference.

Rajeshwar Mandal Vs the State of Bihar — Bail and Remand | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19009 of 2022

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Arising Out of PS. Case No.-260 Year-2020 Thana- MURLIGANJ District- Madhepura

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Rajeshwar Mandal Son Of Late Anand Mandal Resident Of Vill- Pratapnagar, Ward No.-14, P.S- Murliganj, Dist- Madhepura.

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... ... Petitioner/s

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Versus The State of Bihar ... ... Opposite Party/s

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

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Appearance :

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For the Petitioner/s : Mr. Uday Chand Prasad, Adv. For the Opposite Party/s : Mr. Umeshanand Pandit, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

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ORAL ORDER

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2 28-07-2022

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Heard Mr. Uday Chand Prasad learned counsel for the petitioner and learned APP for the State.

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Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course.

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The petitioner is in judicial custody in connection with Murliganj P.S. Case No.260 of 2020 instituted under Sections 341, 323, 324, 325, 307, 379, 302/34 of the Indian Penal Code.

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The allegation in the FIR is that all the named accused persons assaulted the husband and son of the petitioner as also the informant’s daughter-in-law causing injuries to them. The specific allegation has been made against Jai Krishna Mandal that he gave ‘ farsa ’ blow on the head of the informant’s

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Patna High Court CR. MISC. No.19009 of 2022(2) dt.28-07-2022 2/4

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husband. Further allegation is against Subhash and Tarani is of hitting the informant’s husband as also her son. Subsequently, the husband of the informant was referred to Madhepura and considering the seriousness of the injuries he was firstly shifted to Darbhanga and later to the Patna Medical College but he succumbed to his injuries on way to Patna.

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Learned counsel for the petitioner submits that specific allegation is against Jai Krishna Mandal of giving ‘ farsa ’ blow on the head of the deceased. So far as this petitioner is concerned, he submits that omnibus allegation of assault has been attributed to him. It has further been submitted that he is in custody since 27.06.2021 (as stated in para-14 of the bail application) and the last submission is that some of the accused persons namely Baiju Mandal, Gholat Mandal and Surendra Mandal have since been released on bail by coordinate Benches of this Court vide Cr. Misc. No.54191 of 2021, Cr. Misc. No.40391 of 2021 and Cr. Misc. No.10762 of 2021.

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Taking into account that omnibus allegation against the petitioner of assault has been alleged in the FIR, specific allegation is against Jai Krishna Mandal, Subhash Mandal and Tarani Mandal as also the fact that charge-sheet has been

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Patna High Court CR. MISC. No.19009 of 2022(2) dt.28-07-2022 3/4

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submitted, he is in jail since 27.06.2021 and some of the accused persons have been released on bail, this Court is inclined to grant him privilege of bail with conditions.

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Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each in connection with Murliganj P.S. Case No.260 of 2020 to the satisfaction of learned Additional Chief Judicial Magistrate, Madhepura, subject to following conditions:

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(i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;

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(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reasons will entail cancellation of his bail by the Trial court itself;

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(iii) the petitioner shall appear before the concerned police station every month for next six months to mark his presence;

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(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for

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Patna High Court CR. MISC. No.19009 of 2022(2) dt.28-07-2022 4/4

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cancellation of his bail bonds.

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With the aforesaid observations, the bail application is

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allowed.

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(Rajiv Roy, J)

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Prakash Narayan /- U T

Rajeshwar Mandal v. the State of Bihar

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Rajeshwar Mandal v. the State of Bihar

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