IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. APP (DB) No.713 of 2010
HATO MANDAL @ RUP NARAYAN MANDAL & ANR
Versus
STATE OF BIHAR
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3. 27.8.2010 Lower court records have been received.
Heard counsel for the appellants and counsel for
the State on the prayer for bail on behalf of both the appellants.
Both the appellants have been convicted under
Sections 302/149 as also under Section 148 of the Indian Penal
Code. Appellant No. 2 Bhavesh Mandal has further been
convicted under Section 27 of the Arms Act.
Counsel for the appellants submits that the
allegation against appellant no. 1 is of assaulting on the head of
the deceased with sawal but no such injury was found by the
Doctor, P.W. 7, who conducted the post-mortem examination on
the dead body of the deceased. Appellant no.2 is said to have
fired at the deceased but a number of injuries caused by the
firearm were found by the Doctor and those were not
specifically attributed to him. Considering this, the prayer for
bail of the appellants is allowed.
Let the appellants, namely, Hato Mandal alias
Rup Narayan Mandal and Bhavesh Mandal be directed to be
released, during pendency of this appeal, on bail on furnishing
bonds of Rs. 10,000/-( ten thousand) each with two sureties of
the like amount each to the satisfaction of the trial court, i.e.,
The Additional Sessions Judge- 2, Munger, in Sessions Trial
2
No. 767 of 2008.
Realisation of fine imposed upon the appellants
shall also remain stayed till disposal of the appeal.
( Mridula Mishra, J.)
( Dharnidhar Jha, J.)
Kanth