Rajeev Kumar Mandal @ Nikhil Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4574 of 2020 Arising Out of PS. Case No.-518 Year-2019 Thana- KHAJANCHI HAT District- Purnia ====================================================== Rajeev Kumar Mandal @ Nikhil Kumar Son of Shyam Nandan Mandal, Resident of Village - Gopalpur, P.S.- Raniganj, District - Araria. ... ... Petitioner
Versus
The State of Bihar.
... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Uday Chand Prasad, Advocate For the Opposite Party/s :
Mr.Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 23-01-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Petitioner in the present case is seeking regular bail in connection with K. Hat (Sahayak) P.S. Case No. 518 of 2019 registered for the offences punishable under Section 25(1B)a of the Arms Act. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that there is no recovery of any arms or cartridge from the possession of the petitioner and the petitioner was not arrested at the place of occurrence. The petitioner is in custody since 03.10.2019.
Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.
Patna High Court CR. MISC. No.4574 of 2020(2) dt.23-01-2020 2/3 Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that no arms and ammunition has been recovered from his possession and further that petitioner was involved in another case of similar nature after this case and in the said case he has been granted regular bail as mentioned in the impugned order itself, the petitioner being in custody since 03.10.2019, let the petitioner above named be released on bail in connection with K. Hat (Sahayak) P.S. Case No. 518 of 2019 on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under :
(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or
Patna High Court CR. MISC. No.4574 of 2020(2) dt.23-01-2020 3/3 tamper with the evidence.
(Rajeev Ranjan Prasad, J) vats/ved U T