IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.18654 of 2010
MUNI LAL MANDAL .
Versus
THE STATE OF BIHAR .
-----------
06/ 12.10.2010 Heard learned counsel for the petitioner and learned
counsel for the State.
2. This petition for bail has been filed by the petitioner,
who is an accused for offences punishable under sections 302, 34 of
the Indian Penal Code.
3. Learned counsel for the petitioner submits that there is
no eye witness to the occurrence and the petitioner has been falsely
implicated in this case due to land dispute between the relative of a
co-accused and the informant. He further submits that some of the
accused persons have been enlarged on bail which is mentioned in
paragraph-12 of the petition. He further submits that the petitioner
has got no criminal antecedent and is in custody since 11.11.2009.
The learned court below by its order dated 25.03.2010 has stated
that paragraph-2 of the case diary contains dying declaration of the
deceased against the petitioner, but learned counsel for the parties
after perusing the case diary have found that there is no dying
declaration of the deceased before the police.
4. Considering the facts and circumstances of this case as
well as the arguments of the parties, this petition is allowed. Let the
petitioner, namely Muni Lal Mandal be released on bail on
furnishing bail bond of Rs.10,000.00 (Rupees ten thousand) with
2
two sureties of the like amount each to the satisfaction of the learned
Chief Judicial Magistrate in connection with Amdabad P.S. Case
No.- 47 of 2009.
Ranjan (S. N Hussain, J.)