Binod Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3166 of 2022 Arising Out of PS. Case No.-133 Year-2020 Thana- MORKAHI District- Khagaria ====================================================== Binod Mandal, aged about 51 years, Male Son of Late Etwari Mandal, Resident of Village - Balour, P.S.- Morkahi, District- Khagaria. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abdul Mannan Khan, Mr. Binay Kumar and Mr. Shive Kumar, Advocates For the Opposite Party/s :

Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 06-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect(s), if any, as pointed out by the office be removed within a period of four weeks from today. The petitioner seeks bail in connection with Morkahi P.S. Case No. 133 of 2020 registered for the offences punishable under Sections 25(1-B) (a) and 26 of the Arms Act. Allegedly the petitioner was apprehended with a country made pistol and 11 (eleven) cartridges from his house. It was submitted by learned counsel for the petitioner that the petitioner is in custody since 22.12.2020 and the recovery has not been from his possession. Though the petitioner is having criminal antecedent, but he is on bail in all cases.

Patna High Court CR. MISC. No.3166 of 2022(2) dt.06-06-2022 2/2 Per contra, it has been submitted on behalf of the State that recovery has been made from the possession of the petitioner.

Having regard to the aforesaid facts and circumstances and considering the period of custody, let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate 1st, Khagaria in connection with Morkahi P.S. Case No. 133 of 2020, subject to the following conditions: (i) One of the bailors will be a close relative of the petitioner, preferably one of his parents.

(ii) The petitioner will remain present on each and every date fixed by the court below and not delay the trial. (iii) In case of absence for three consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the Court concerned.

(Arun Kumar Jha, J) Anand Kr.

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