Partly allowed

Kedar Mandal v. The State of Bihar

Patna HC20 May 2022CR. MISC./20806/2021

Case brief

AI extract

What is this about?

The High Court permitted the withdrawal of the bail application for a deceased petitioner. Subsequently, it granted anticipatory bail to the remaining petitioners for four weeks, contingent upon arrest or surrender, subject to furnishing a bond of Rs. 10,000 with sureties and complying with statutory conditions.

What did the court decide?

Permission granted to withdraw application for deceased petitioner; anticipatory bail granted to others for four weeks upon surrender/arrest and furnishing of bond.

Kedar Mandal Vs The State of Bihar — Anticipatory Bail | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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CRIMINAL MISCELLANEOUS No.20806 of 2021

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Arising Out of PS. Case No.-464 Year-2020 Thana- JAMUI District- Jamui

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

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Kedar Mandal, aged about 55 years, male, S/o Hulas Mandal.

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Satyendra Mandal, aged about 30 years, male, S/o Kedar Mandal.

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Jitendra Mandal, aged about 28 years, male, S/o Kedar Mandal.

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Deoshri Devi, aged about 50 years, female, W/o Kedar Mandal. All are resident of Village-Chhathudhanama, P.S.-Jamui and District-Jamui.

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Shashi Kant Kumar @ Golu, aged about 20 years, male, S/o Mukesh Kumar, resident of Village-Chandrapura, P.S.-Dugdu, District-Bokaro.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Amrendra Kumar, Adv. For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR

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ORAL ORDER

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6 20-05-2022

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Heard Mr. Amrendra Kumar, the learned Advocate

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for the petitioners and the learned APP for the State.

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Mr. Kumar seeks permission to withdraw the

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application with respect to petitioner No. 4, namely, Deoshri Devi, who has been died during the pendency of this application.

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Patna High Court CR. MISC. No.20806 of 2021(6) dt.20-05-2022 2/3

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Permission is granted.

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The application with respect to petitioner No. 4 is dismissed as withdrawn as having become infructuous.

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The petitioner Nos. 1 to 3 and 5 seek bail in anticipation of their arrest in connection with Jamui P.S. Case No. 464 of 2020, dated 02.10.2020, instituted for the offences under Sections 147, 149, 341, 323, 324, 308, 379, 385, 504 and 501 of the Indian Penal Code.

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Though the petitioner Nos. 2 and 3 are said to have assaulted the informant and his son respectively, but the informant has received one simple injury, whereas his son has received a grievous injury, but such injury is not attributable to petitioner No. 3 as he is said to have assaulted him by means of a sword below the eye.

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The petitioner No. 1 is not attributable with any specific overt act, whereas petitioner No. 5 is said to have demanded protection money.

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The learned counsel for the petitioners has submitted that there is a counter version of the occurrence also in which the petitioner Nos. 2 and 3 have suffered

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Patna High Court CR. MISC. No.20806 of 2021(6) dt.20-05-2022 3/3

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grievous injuries. It has further been submitted that the petitioner No. 1 and the informant are own brothers and because of the property dispute, the families are fighting against each other.

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Regard being had to the facts afore-stated, the petitioner Nos. 1 to 3 and 5, namely, Kedar Mandal, Satyendra Mandal, Jitendra Mandal and Shashi Kant Kumar @ Golu, in the event of their arrest or surrender before the learned Court below within a period of four weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui in connection with Jamui P.S. Case No. 464 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

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The application stands disposed off accordingly.

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(Ashutosh Kumar, J)

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Praveen-II/-

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U T

Kedar Mandal v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Kedar 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

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