Anil Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13147 of 2020 Arising Out of PS. Case No.-320 Year-2019 Thana- CHAUSA District- Madhepura ====================================================== ANIL MANDAL S/o Late Bhuvneshwar Mandal Resident of Village- Dhuria, Ward No.7, P.S.- Chausa, Distt- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-09-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State through video conferencing. The petitioner seeks bail in connection with Chausa P.S. Case No. 320 of 2019, registered under Section 25(1-B)a, 26 of the Arms Act.

The accusation is that while the informant and other Police personnel were on patrolling duty received information to the effect that one miscreant is present in lonely place in village-Dhuria More for committing heinous offence. Thereafter, informant and other Police personnel reached there then one person, on seeing the Police party, started fleeing, but he was apprehended, who disclosed his name Anil Mandal (Petitioner). In presence of witnesses, namely, Bilash Mandal and Lalu Mandal, he was searched then one country made loaded pistol and three live cartridges recovered.

Patna High Court CR. MISC. No.13147 of 2020(4) dt.02-09-2020 2/2 Learned counsel appearing for the petitioner submits that, in fact, the petitioner has filed Title Suit No. 524 of 2017 against the seizure list witness, namely, Bilash Mandal and sister-in-law of the petitioner has also lodged Chausa P.S. Case No. 378 of 2017 and Madhepura Mahila P.S. Case No. 51 of 2018 against seizure list witness Bilash Mandal due to that reasons, Bilash Mandal managed to implicate the petitioner in this case in collusion of the Police. Further submission is that while the petitioner is accused in five cases, as detailed in paragraph-3, but he is on bail in the said cases. Further submission is that petitioner is in custody since 25.11.2019 and on investigation the Police has submitted Chargesheet.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to 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 the learned S.D.J.M. Udakishunganj at Madhepura in connection with Chausa P.S. Case No. 320 of 2019.

(Rajendra Kumar Mishra, J) manish/- U T