Shrikant Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7320 of 2022 Arising Out of PS. Case No.-612 Year-2021 Thana- KATIHAR NAGAR District- Katihar ====================================================== Shrikant Mandal Son Of Late Govind Mandal R/O Village- Kamaldev Tola, Byashi Asthan, P.S.- Sahebganj, District- Sahebganj (JHARKHAND) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimal Kumar, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, App ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 16-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Katihar, Town (Sahayak) P.S. Case No. 612 of 2021 instituted for the offences under Sections 25(i-b)a, 26 and 35 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner is in custody since 28.10.2021, charge-sheet has been submitted in the case and has antecedent of one case. The prosecution case in brief is that on 28.10.2021 on the basis of secret information, the informant along with police personnel reached at the place of occurrence and apprehended two persons, who disclosed their name as Lalu Sahni and Srikant Mandal (petitioner), and during the course of search five

Patna High Court CR. MISC. No.7320 of 2022(2) dt.16-06-2022 2/3 live cartridges were recovered from the possession of the petitioner and thereafter, seizure list was prepared to this effect. Learned counsel for the petitioner submits that petitioner has no concerned with the apprehended co-accused. It is further submitted that petitioner was made accused because he was going to the house of his sister situated in the said Mohalla and police party saw him alone in the night and he was implicated in this case falsely.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 28.10.2021 and charge-sheet has been submitted in the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned C.J.M., Katihar in connection with Katihar, Town (Sahayak) P.S. Case No. 612 of 2021, subject to the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without

Patna High Court CR. MISC. No.7320 of 2022(2) dt.16-06-2022 3/3 sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.

(3) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Khatim Reza, J) Gaurav Kumar/- U T