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Patna High CourtCR. MISC./12451/2022bail granted

Munilal Mandal v. The State Of Bihar

2022-03-21Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12451 of 2022 Arising Out of PS. Case No.-209 Year-2021 Thana- GOPALPUR District- Bhagalpur ====================================================== Munilal Mandal, Son of Devan Mandal Resident of Village - Sumaria, P.S. Rangra, District - Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh, Adv.

For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-03-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks regular bail in connection with Gopalpur (Rangra) P.S. Case No. 209 of 2021 instituted for the offence under Sections 25(1-b)a, 26, 35 of the Arms Act & Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that the petitioner is in custody since 31.12.2021, he is a person with clean antecedent and charge-sheet has been submitted and allegation is of recovery of one country made pistol from possession of one Bittu Kumar and one live cartridge recovered from Mannu Mandal along with 63 litres of liquor. Learned counsel for the petitioner submits that petitioner is not named in the FIR and his name came as he is owner of the motorcycle which was taken by the accused. It is

Patna High Court CR. MISC. No.12451 of 2022(2) dt.21-03-2022 2/2 further submitted that petitioner was not aware of the fact that his friend has taken motorcycle for illegal purpose. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody, charge-sheet has been submitted and the petitioner has clean antecedent and he is not named in the FIR, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Judge Ist, Excise, Bhagalpur in connection with Gopalpur (Rangra) P.S. Case No. 209 of 2021.

(Satyavrat Verma, J) khushbu/- U T