Allowed¶26

Maheshwer Mandal v. The State of Bihar

Patna HC5 Feb 2025CR. MISC./50333/2024

Case brief

AI extract

What is this about?

Patna High Court grants regular bail to Maheshwer Mandal in S.T. No. 76/2019 arising out of Kishanpur P.S. Case No. 66 of 2002 (District Supaul; offences u/ss 302 and 201 read with Section 34 IPC - murder and causing disappearance of evidence); petitioner younger brother of deceased's husband, in custody since 17.03.2024; bail-bond Rs.20,000 with two like sureties; condition of attendance before Court below on every date; single judge Chandra Prakash Singh; decided 05-02-2025; no precedent cases cited.

What did the court decide?

Regular bail granted: petitioner to be enlarged on furnishing bail-bond of Rs.20,000/- with two sureties of the like amount each, subject to physical presence before the Court below on each and every date. ¶26

Maheshwer Mandal Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, implicated in Kishanpur P.S. Case No. 66 of 2002 (offences punishable u/ss 302 and 201 read with Section 34 IPC) and facing trial in S.T. No. 76/2019 while in custody since 17.03.2024, is entitled to regular bail.

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Court's answer

Having considered the facts and circumstances of the case and the period of custody, the petitioner is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- with two sureties of the like amount each to the satisfaction of the learned Court concerned, Supaul, in connection with S.T. No. 76/2019.

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Ratio / Principle

The bail is conditional on the petitioner remaining physically present before the learned Court below on each and every date; failure to appear on two consecutive dates without reasonable cause renders the bail bond liable to cancellation.

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Detailed headnote1 paragraphs

Patna High Court (Chandra Prakash Singh, J.), Criminal Miscellaneous No.50333 of 2024, order dated 05-02-2025: Allowed the regular bail application of Maheshwer Mandal, younger brother of the husband of the deceased, in S.T. No. 76/2019 arising out of Kishanpur P.S. Case No. 66 of 2002 dated 13.06.2002, registered for offences punishable u/ss 302 and 201 read with Section 34 IPC. Counsel for the petitioner urged false implication, submitting that the whole allegation is against co-accused Radhe Shyam Mandal and that the petitioner has clean antecedents; the A.P.P. opposed, citing the FSL report that a sharp cut injury on the sacrum indicated death from haemorrhage and shock. Considering the facts, circumstances and period of custody (in custody since 17.03.2024), the Court enlarged the petitioner on a bail-bond of Rs.20,000/- with two sureties of the like amount each, conditioned on physical presence before the Court below on each and every date, absence on two consecutive dates without reasonable cause rendering the bail bond liable to cancellation.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.50333 of 2024

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Arising Out of PS. Case No.-66 Year-2002 Thana- KISHANPUR District- Supaul

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Maheshwer Mandal Son of Radhe Shyam Mandal R/o Village- Chauhatta, P.S.- Kishanpur, District- Supaul

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Arun . For the Opposite Party/s : Mr.Syed Ehteshamuddin

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

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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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5 05-02-2025

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

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2. The petitioner has preferred this application for grant of regular bail in connection with S.T. No. 76/2019, arising out of Kishanpur P.S. Case No. 66 of 2002 dated 13.06.2002 registered for the offence punishable u/ss 302 and 201 read with Section 34 of the Indian Penal Code.

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3. As per the prosecution case, the informant's daughter marriage was solemnized with the elder son of the coaccused, Radhe Shyam Mandal. Further, it is alleged that the coaccused, Radhe Shyam Mandal physically assaulted the informant's daughter and threatened to kill her. Further, the informant has also alleged that the co-accused persons have

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Patna High Court CR. MISC. No.50333 of 2024(5) dt.05-02-2025 2/3

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killed their daughter and burnt her dead body.

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4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is younger brother of the husband of the deceased and there is no allegation against the petitioner rather the whole allegation is against the co-accused, Radhe Shyam Mandal. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 17.03.2024

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5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner. As per the FSL Report, considering the sharp cut injury on the portion of sacrum, the person might have died due to haemorrhage and shock.

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6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, 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, Supaul in connection with S.T. No. 76/2019, arising out of Kishanpur P.S. Case No. 66 of 2002, with the condition ;-

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(i). The petitioner is directed to remain physically

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Patna High Court CR. MISC. No.50333 of 2024(5) dt.05-02-2025 3/3

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present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable

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cause, the bail bond of the petitioner is liable to be cancelled.

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7. The application stands allowed.

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(Chandra Prakash Singh, J)