Mangal Singh @ Butai Singh @ Jitendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19094 of 2021 Arising Out of PS. Case No.-18 Year-2019 Thana- ALIPUR District- Gaya ====================================================== MANGAL SINGH @ BUTAI SINGH @ JITENDRA SINGH, Son of Naresh Singh, Resident of Village-Harhi Makhdumpur, P.S.-Alipur, District-Gaya, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Bisheshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 25(1-B), 25(1A) and 25(1-AA) of the Arms Act. As per the prosecution case, on a raid being conducted it is stated that countrymade pistol, live cartridges and tools meant for manufacture of arms were recovered from the house of the petitioner.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his possession or house. He has been falsely implicated in the case because of his criminal antecedents. He is in custody since 26.3.2019. Charge has been framed in the case and he

Patna High Court CR. MISC. No.19094 of 2021(2) dt.17-09-2021 2/3 undertakes to abide by all the conditions which may be laid by this Court for his being enlarged on bail.

The application for bail is opposed by learned APP for the State who submits that the petitioner is accused in as many as ten cases from before.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner being in custody for more than two years since 26.3.2019, the petitioner is directed to be enlarged on bail in connection with Sessions Trial no. 105 of 2020/85 of 2020 (arising out of Alipur P.S. Case no. 18 of 2019) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. District & Sessions Judge III, Gaya. In view of charge having been framed in the trial court on 13.8.2020, it is directed that the petitioner shall remain physically present in Court on each date of the trial and shall cooperate in the trial. In case of the absence of the petitioner on any single date for reasons not to the satisfaction of the learned trial court or in case the learned Court is of the opinion that the trial is being delayed due to non-cooperation on part of the petitioner, the learned trial Court may cancel the bail bond of the

Patna High Court CR. MISC. No.19094 of 2021(2) dt.17-09-2021 3/3 petitioner and take him into custody till conclusion of the trial. (Partha Sarthy, J) Spd/- U T