Dipu Kumar Mandal @ Dipu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21605 of 2021 Arising Out of PS. Case No.-447 Year-2020 Thana- NAANPUR District- Sitamarhi ====================================================== 1.

DIPU KUMAR MANDAL @ DIPU KUMAR Son of Naresh Mandal Resident of Village - Raipur, P.S. - Nanpur, District - Sitamarhi 2.

Vibhu Sahni @ Vibhu Kumar Son of Maheshwar Sahni Resident of Village - Raipur, P.S. - Nanpur, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr. C. Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-12-2021 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of eight weeks.

The petitioners are apprehending their arrest in a case registered under Sections 399, 402, 414 of the Indian Penal Code and 25(1-b)a, 26 and 35 of the Arms Act.

The prosecution allegation, in short, is that three loaded pistols and five live cartridges are recovered from accused persons. It has been submitted on behalf of the petitioners that the petitioner no. 2 has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners.

Patna High Court CR. MISC. No.21605 of 2021(2) dt.09-12-2021 2/2 The petitioners have falsely been implicated in the present case. Arms are said to have been recovered from the possession of coaccused. There is no recovery of any incriminating articles from the possession of the petitioners. The names of the petitioners have transpired on the basis of disclosure made by co-accused. Except for this, there is no other substantive evidence to suggest their implication in the present case.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Pupri, Sitamarhi in connection with Nanpur P.S. Case No. 447 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T