IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.24081 of 2010
1. Mukti Mandal, S/o Devi Lal Mandal,
2. Tapsi Mandal, S/o devi Lal Mandal.
Both are residents of Village- Nemua, P.S.- Andhramath,
District- Madhubani.
........Petitioners.
Versus
STATE OF BIHAR
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3. 11.10.2010 Heard learned counsel for the petitioners and learned
counsel for the State.
2. Petitioners are accused for offence punishable under
sections 302/34 of the Penal Code as well as 27 of the Arms Act.
3. Learned counsel for the petitioners submits that the
entire allegations are absolutely false and frivolous and they have
been implicated due to political reasons as they have got no
criminal antecedents.
4. Learned counsel for the petitioners further submits
that there is general allegation of assault against three persons
namely Ram Sagar Mandal, Tapsi Mandal and Mukti Mandal
(petitioners), who after learning about their implications in the
instant case surrendered on 16.03.2010. Learned counsel for the
petitioners further submits that although the allegation was that
the deceased was assaulted by fire arms, but the post-mortem
report belies any fire arm being used. Learned counsel for the
petitioners avers that other co-accused Ram Sagar Mandal against
whom there was exactly similar allegations, has already been
released on bail on the order of a Bench of this Court dated
20.08.2010 passed in Cr. Misc. No. 27930 of 2010.
5. Considering the aforesaid facts & circumstances of
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the case, petitioners, named above, are directed to be released on
bail on furnishing bail bonds of Rs. 10,000/- with two sureties of
the like amount each to the satisfaction of the learned Additional
Chief Judicial Magistrate, Jhanjharpur, Madhubani in connection
with Andhramath P.S.Case No. 07 of 2010, subject to the
conditions that (i) one of the bailors will be their close relatives of
the petitioners, who will give affidavits giving genealogy as to
how they are related with the petitioners. The bailors will
undertake to furnish informations to the court about any change in
the addresses of the petitioners, (ii) the affidavits shall clearly
state that the petitioners are not accused in any other case and, if
they are, they shall not be released on bail, (iii) the bailors shall
also state on affidavits that they will inform the court concerned if
the petitioners are implicated in any other case of similar nature
after their release in the present case and thereafter the court
below will be at liberty to initiate the proceedings for cancellation
of bail on the ground of misuse, (iv) the petitioners will give
undertakings that they will receive the police papers on the given
date and be present on date fixed for charge and if they fail to do
so on two given dates and delay the trial in any manner, their bail
will be liable to be cancelled for reasons of misuse, (v) the
petitioners will be well represented on each date and if they fail to
do so on two consecutive dates, their bail will be liable to be
cancelled.
Sujit (S.N. Hussain, J.)