Amod Kumar Mandal @ Thapa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4736 of 2019 Arising Out of PS. Case No.-183 Year-2018 Thana- RUPAULI District- Purnia ====================================================== AMOD KUMAR MANDAL @ THAPA, Son of Prabhash Mandal, Resident of Village - Nathpur, P. S. Rupouli, Mohanpur, District- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijendra Kumar Singh For the Opposite Party/s :

Mr. Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-01-2019 Heard leaned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 25.10.2018 in a case registered for the offences punishable under Sections 25 (1-B)a and 26 of the Arms Act. The prosecution case as per the self statement of Shailesh Kumar Pandey, S.I., of Mohanpur O.P. is to the effect that on 24.10.2018, the informant received a secret information that some members of Muni Gang were roaming with fire arms. Whereupon, the informant conducted vehicle checking at Veveka Chowk, Mohanpur when one person tried to escape on a

Patna High Court Cr.Misc. No.4736 of 2019(2) dt.29-01-2019 2/3 glamour motorcycle, but subsequently, he fell down and arrested by the police party. The apprehended accused person disclosed his name as, Amod Kumar Mandal @ Thapa (the petitioner). It is further alleged that from the possession of the petitioner, 19 live cartridges were recovered.

It is submitted by learned counsel for the petitioner that the petitioner is a motorcycle mechanic and due to some dispute with regard to non-payment of repair cost of the motorcycle of the informant, the petitioner has been roped in the present case. However, no recovery has been made from the possession of the petitioner. It is further submitted that the investigation has already been concluded. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP for the State submits that the recovery has been made from the petitioner.

Considering the fact that the investigation has already been concluded, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court Cr.Misc. No.4736 of 2019(2) dt.29-01-2019 3/3 A.C.J.M.-1st, Purnea in connection with Rupauli (Mohanpur) P.S. Case No.183 of 2018.

(Dinesh Kumar Singh, J) Deepak/Rahul/- U T