Allowed

Shambhu Kumar Mandal @ Shambhu Mandal v. the State of Bihar

Patna HC12 Apr 2022CR. MISC./40420/2021

Case brief

AI extract

What is this about?

The Patna High Court granted regular bail to the petitioner in a criminal trial for offences under the IPC including murder. The court acknowledged the petitioner was in custody since September 2017 and the trial was unlikely to conclude soon, noting the general nature of allegations and the deceased’s death months after the occurrence due to septicemia.

What did the court decide?

Petitioner released on regular bail on bond of Rs. 10,000 with two sureties of like amount, subject to appearance on each trial date.

Shambhu Kumar Mandal @ Shambhu Mandal Vs the… — Murder and Culpable Homicide | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40420 of 2021

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Arising Out of PS. Case No.-108 Year-2017 Thana- LADANIA District- Madhubani

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

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SHAMBHU KUMAR MANDAL @ SHAMBHU MANDAL S/O RAMJEE MANDAL @ RAMDEO MANDAL R/O VILLAGE-LAXMINIYA MALIYA TOLE, P.S.-LADANIYA, DISTRICT-MADHUBANI.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Md. Soban Asghar, Advocate For the Opposite Party/s : Ms. Anita Kumari Singh, A.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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3 12-04-2022

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Heard Mr. Soban Asghar, learned counsel for the

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petitioner and Ms. Anita Kumari Singh, learned Additional Public Prosecutor appearing for the State.

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Petitioner seeks regular bail in connection with

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Sessions Trial No. 425 of 2018 arising out of Ladaniya P.S. Case No. 108 of 2017 registered for the offences punishable under Sections 448, 341, 323, 324 and 307/34 of the Indian Penal Code 1860. Subsequently, Section 302 of the Indian Penal Code was added.

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The allegation, as per the First Information Report, is that the petitioner along with other accused persons dragged the husband of the informant and assaulted

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Patna High Court CR. MISC. No.40420 of 2021(3) dt.12-04-2022 2/4

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him with knife near the chest.

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Learned counsel for the petitioner submits that from perusal of the First Information Report it would be evident that the date of occurrence is 15.6.2017 and the allegation against the petitioner and others is general and omnibus in nature. He further submits that after three months of the date of occurrence, i.e. on 7.9.2017, a Farde-beyan of the daughter of the deceased has been recorded by the Police in Darbhanga Medical College and Hospital after his death in which she has stated that the deceased was being treated in DMCH, and, thereafter, he was discharged from DMCH and when the informant was going with the deceased on 7.9.2017 in the morning for getting the stitched removed and due to pus having been developed in the wound, the father of the informant died on the way to the Hospital. He also submits that the intention of the petitioner is not to kill the deceased which would be evident from the subsequent statement of the daughter of the deceased that after treatment, the deceased was discharged and died after three months from the date of present occurrence. He next submits that the petitioner is in custody since 4.9.2017 and

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Patna High Court CR. MISC. No.40420 of 2021(3) dt.12-04-2022 3/4

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the trial is not likely to be concluded in near future.

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On the other hand, learned counsel for the State

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referring to the case diary submits that during course of investigation the statement of the deceased as well as informant was recorded in which they have disclosed the name of the petitioner as main assailant. Learned counsel further submits that the postmortem also reveals the death of deceased due to septicemia.

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Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that the deceased returned back to his home after treatment in the hospital and died after three months from the date of occurrence and the petitioner is in custody since 4.9.2017 i.e. more than four years, I am inclined to grant regular bail to the petitioner.

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Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge V, Madhubani, in connection with Sessions Trial No. 425 of 2018 arising out of Ladaniya P.S. Case

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Patna High Court CR. MISC. No.40420 of 2021(3) dt.12-04-2022 4/4

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No. 108 of 2017 subject to the condition that the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.

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(Anil Kumar Sinha, J)

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S.Ali/-

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U T

Shambhu Kumar Mandal @ Shambhu Mandal v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Shambhu Kumar Mandal @ Shambhu Mandal v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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