Allowed

Paro Mandal @ Parmanand Mandal v. The State of Bihar

Patna HC20 Sept 2022CR. MISC./28303/2022

Case brief

AI extract

What is this about?

In a bail application under Sections 147, 148, 149 IPC and others, the Patna High Court granted regular bail to the petitioner despite serious allegations including attempt to murder. The court noted the victim's death was due to medical negligence and allowed bail upon furnishing a bond of Rs. 20,000.

What did the court decide?

Bail granted to the petitioner on furnishing a bond of Rs. 20,000 with two sureties of like amount.

Paro Mandal @ Parmanand Mandal Vs The State of… — Murder and Culpable Homicide | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.28303 of 2022

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Arising Out of PS. Case No.-133 Year-2021 Thana- PARBATTA District- Bhagalpur

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

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PARO MANDAL @ PARMANAND MANDAL SON OF LATE BHAGWAN MANDAL R/O VILLAGE- RAGHOPUR, P.S.- PARBATTA, DISTRICT- BHAGALPUR

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Manoj Kumar Jha For the Opposite Party/s : Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 20-09-2022

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Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

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Heard learned counsel for the petitioner and learned A.P.P for the State.

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The petitioner has preferred this application for grant of regular bail in a case registered under sections 147, 148, 149, 341, 323, 354, 307 and 504 of the Indian Penal Code, 27 of the Arms Act and 3 and 4 of the Prevention of Witch(Daain) Practices Act.

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As per the prosecution case, it is alleged that the petitioner and the co-accused persons armed with lathi, danda, iron rod and weapons came to the informant’s wife and started

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Patna High Court CR. MISC. No.28303 of 2022(2) dt.20-09-2022 2/3

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abusing by calling her Daain. On being protested by the informant, the petitioner/accused fired with intent to kill which hit below the waist of informant's wife Tara Devi, and later she was taken to government hospital Mayaganj, Bhagalpur for treatment.

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Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. Learned counsel has further submitted that the FIR was lodged after delay of 16 days from the occurrence. Charge-sheet has already been submitted against the petitioner. There is a land dispute between the parties. The allegation against the petitioner of firing is on non-vital part of the body. Learned counsel for the petitioner further submitted that the occurrence took place on 16.10.2021, but Tara Devi died on 17.01.2022 which suggests medical negligence. As per the postmortem report the cause of death is cardio respiratory failure due to hypovolemia and septicemia caused by old firearm injuries for which she was under treatment. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 04.01.2022.

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Learned A.P.P. for the State has vehemently opposed

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Patna High Court CR. MISC. No.28303 of 2022(2) dt.20-09-2022 3/3

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the bail petition of the petitioner by submitting that there is specific allegation against the petitioner.

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Considering the aforesaid facts and circumstances of the case as well as the fact that death is due to septicemia and hypovolemia, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Naugachia, Bhagalpur, in connection with Parbatta P.S. Case No. 133 of 2021.

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The application stands allowed.

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(Chandra Prakash Singh, J)

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ravishankarkr/-

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U T

Paro Mandal @ Parmanand Mandal v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Paro Mandal @ Parmanand Mandal v. The State of Bihar

Case brief

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What did the court decide?

What the court decided

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