Saroj Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16614 of 2023 Arising Out of PS. Case No.-184 Year-2022 Thana- KEWATI District- Darbhanga ====================================================== Saroj Mandal Son Of Late Paltan Mandal R/O Vill.- Maubehat, P.S.- Manigachhi, Distt.,- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Girish Chandra Jha For the Opposite Party/s :

Mr. Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 399, 401, 414/34 of the IPC and Sections 25(1-b), 26/35 of the Arms Act. Allegation against the petitioner along with coaccused persons that while they were assembled and preparing for committing offence, the police party raided the house of coaccused Sunil Yadav and arrested them. On search, one loaded country made pistol along with two live cartridges were recovered from the possession of the petitioner. The police also seized two motorcycle and one four wheeler vehicle from the place of occurrence.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.16614 of 2023(2) dt.29-04-2023 2/2 petitioner is innocent and has committed no offence. He has falsely been implicated in this case on the basis of suspicion. The petitioner has no concern with the alleged arms which was seized by the police or with the co-accused persons. Moreover, similarly situated co-accused namely, Pradip Yadav has already been granted bail by this Court vide order 17.4.2023 passed in Cr. Misc. No. 9020 of 2022. It is further submitted that the petitioner is languishing in judicial custody since 28.6.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Keoti P.S. Case No. 184 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-X, Darbhanga. (Sunil Kumar Panwar, J) Amandeep/- U T