Shri Mantu Kumar @ Sultana @ Balbant Kumar @ Mantu Kumar @ Shribant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16598 of 2021 Arising Out of PS. Case No.-388 Year-2020 Thana- CHANDI District- Nalanda ====================================================== Shri Mantu Kumar @ Sultana @ Balbant Kumar @ Mantu Kumar @ Shribant Kumar, male, aged about 30 years, Son of Rama Gop @ Ram Nandan Prasad Resident of Village - Gaurapar, P.S. - Chandi, DistrictNalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kishor Prasad, Adv.

For the Opposite Party/s :

Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 22-10-2021 The matter has been listed today for consideration through Video Conferencing.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor (for short 'APP') for the State. Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon to do so by the office. The petitioner seeks bail in Chandi PS Case No. 388 of 2020, instituted for the offence under Sections 25(1-b)a/26/35 of the Arms Act.

One loaded country made pistol with two live cartridges has allegedly been recovered from the petitioner.

Patna High Court CR. MISC. No.16598 of 2021(2) dt.22-10-2021 2/3 It is submitted by the petitioner's counsel that it is a case of false implication on extraneous consideration. Recovery is not in accordance with law. The petitioner is said to be in custody since 29.08.2020, having no criminal antecedents. The learned APP representing the State has opposed the prayer for bail.

Considering the rival submissions as also the facts and circumstances of the case, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed. Let the petitioner, above named, 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 the learned Additional Chief Judicial Magistrate-1, Nalanda at Biharsharif in connection with Chandi PS Case No. 388 of 2020, DistrictNalanda, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each

Patna High Court CR. MISC. No.16598 of 2021(2) dt.22-10-2021 3/3 date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T