Patna High CourtCR. MISC./15572/2023allowed

Suraj Mandal v. The State Of Bihar

2023-04-28Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15572 of 2023 Arising Out of PS. Case No.-170 Year-2022 Thana- DARBHANGA District- Darbhanga ====================================================== Suraj Mandal Son Of Ashok Mandal @ Ashok Kumar Mandal R/V- Imalighat (Shivajinagar), P.S- Nagar, Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Girish Chandra Jha For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 25(1b)a, 26, 35 Arms Act. The prosecution case relates to recovery of two live cartridges and two mobiles phones, which were recovered from possession of the petitioner after that this case has been lodged.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of suspicion. The petitioner has no concern with the alleged

Patna High Court CR. MISC. No.15572 of 2023(2) dt.28-04-2023 2/2 recovery nor from co-accused persons. It is further submitted that the seizure list has not been prepared as per provision of u/s 100 of the Cr.P.C.. The petitioner is languishing in judicial custody since 01.07.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Nagar P.S. Case No. 170 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga.

(Sunil Kumar Panwar, J) Manish/- U T