Paro Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26802 of 2017 Arising Out of PS.Case No. -26 Year- 2017 Thana -BHAGALPUR RAIL P.S. DistrictBHAGALPUR ======================================================

1. Paro Kumar Mandal Son of Ramjee Mandal, Resident of Village- Kalyan Tola, Police Station- Bariyarpur, District- Munger. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashutosh Kumar For the Opposite Party/s : Mr. Sri Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-07-2017 Heard the parties.

The petitioner seeks regular bail in connection with Bhagalpur G.R.P.S.Case No.26 of 2017, registered for offences punishable under Sections 25(1-b)a, 26 (i)/35 of Arms Act. Allegation against the petitioner is about recovery of one country-made Pistol and cartridges.

Submission of the learned counsel for the petitioner is that he has been falsely implicated in this case. The petitioner has no criminal antecedent and he has remained in custody for more than five months.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be

Patna High Court Cr.Misc. No.26802 of 2017 (2) dt.11-07-2017 2/2 enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M., Railway, Bhagalpur in connection with Bhagalpur G.R.P.S.Case No.26 of 2017.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(iv) In future, if his active participation is found in similar type of cases, his bail bond shall automatically be cancelled.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T