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Affidavit of the Genealogy has to be provided by the Bailor: High Court of Patna

The Appellant moves to the High Court to demand Bail. In the light of all facts and circumstances, the High Court accepts the appeal of the Appellant and grants bail to him. He was alleged for the murder of the informant’s son. The Hon’ble High Court of Patna Mr. Justice Madhuresh Prasad held such in the matter of Rahul Mandal v. The State Of Bihar[Criminal Appeal (SJ) No 3194 Of 2021]

The facts of the case were that the appellant has appealed under Section 14A of Scheduled Castes and Scheduled Tribes(Prevention of Atrocities), 2016 as against the refusal of his prayer for bail for the order passed by the Additional Sessions Judge I-cum- Special Judge as per SC/ST Act in Madhepur. He was booked under Sections 302, 120B/34 of the Indian Penal Code, Section27 of Arms Act, and Section 3(2)(v)(va) of the SC/ST Act for brevity. 

The informant alleged the Appellant with one another had called his son and later intimated that his son would be killed by three named and some unknown persons. The Appellant in defense argued that the informant’s son went away with the Appellant with his own free will. Appellant with one another just called informant in order to tell him that his son is being shot dead. The names of the assailants were disclosed by the Appellant and later on, were arrested from the house. The Appellant pleaded that he had no criminal antecedent and was in custody for months. However, the Special Public Prosecutor opposed the plea of bail and contended that he has a vital link to the case. 

The Hon’ble High Court of Patna ordered,” In my opinion, in view of nature of accusation in the First Information Report, and submission of parties, a case for grant of regular bail is made out. The impugned order dated 03.07.2021 requires interference by this Court, which is, accordingly, set aside.”  The court released the Appellant on bail on Rs. 10,000 bonds with two sureties of the like amount. The conditions were that the bailors should be a close relative of the Appellant. An undertaking should be taken by the close relative to inform the court if there exists any changes in address of the Appellant provided. The Court said,”.. the appellant will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.”

Click Here To Read The Judgment

Judgment Reviewed By Nimisha Dublish

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