Patna High CourtCR. MISC./6828/2024bail granted

Chandra Shekhar Mandal v. The State Of Bihar

2024-02-13Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6828 of 2024 Arising Out of PS. Case No.-284 Year-2023 Thana- KOTWALI District- Munger ====================================================== Chandra Shekhar Mandal S/O Late Balgovind Mandal Village- Bhawantikthi Naya Nagar, Ps. Madhepura, Dist. Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar, Adv.

For the Opposite Party/s :

Mr.Arvind Kumar Pandey (APP.84) ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kotwali P.S. Case No. 284 of 2023 instituted for the offences under Sections 25 (1-b)a/26(i)(ii)/35 of the Arms Act.

3. As per prosecution case, the police has recovered one country made pistol, 90 cartridges of 7.65 mm and Rs. 250/- from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case due to local village politics. He further submits that actually the petitioner is the resident of Madhepura and, on the alleged day of occurrence, he had come to Chandi Asthan for

Patna High Court CR. MISC. No.6828 of 2024(2) dt.13-02-2024 2/2 worshiping where exchange of hot talk took place between the parties and, thus, the Informant falsely implicated the petitioner in the present case. The petitioner has no criminal antecedent as has been stated in paragraph no.3 of the present bail application. There is no compliance of Section 100 of the Cr.P.C. in this case and the petitioner is languishing in judicial custody since 28.06.2023.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the entire facts and circumstances of the case and taking into account the period of custody of the petitioner as also the petitioner having no criminal antecedent, let the petitioner, abovenamed, 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 Court below/concerned Court in connection with Kotwali P.S. Case No. 284 of 2023 .

(Rudra Prakash Mishra, J) rishi/- U T