Shankar Mandal @ Bhola Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19722 of 2023 Arising Out of PS. Case No.-132 Year-2022 Thana- ALAMNAGAR District- Madhepura ====================================================== 1.

SHANKAR MANDAL @ BHOLA MANDAL son of Late Nandkeshar Mandal Village- Gangapur Kachahari Tola Ps- Alamnagar Dist- Madhepura 2.

Nunulal Ray @ Nunulal Kumar Ray son of Vishnudev Ray VillageGangapur Kachahari Tola Ps- Alamnagar Dist- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad, Advocate For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-05-2023 Learned counsel for the petitioners are permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners have preferred this application for grant of regular bail in connection with Alamnagar P.S. Case No. 132 of 2022 dated 21.05.2022 registered for the offences punishable u/ss 25(1-b)a, 26, 35 of Arms Act. As per the prosecution case, the allegation against the petitioners is that they were sleeping with illegal arms in the field of Rajendra Roy. On seeing the police party, the petitioners tried to flee away but they were apprehended. It is further submitted that one country made pistol was recovered from the

Patna High Court CR. MISC. No.19722 of 2023(2) dt.22-05-2023 2/2 possession of the petitioner No. 1 and 4 live cartridges were recovered from the pocket of the petitioner No. 2. Learned counsel for the petitioners have submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioners. The petitioner No. 1 has got four criminal antecedent and the petitioner No. 2 has got two criminal antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 21.05.2022.

Learned A.P.P. for the State has vehemently opposed the prayer of bail petition of the petitioners. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand)each with two sureties of the like amount each to the satisfaction of learned Court concerned, Udakishunganj, Madhepura in connection with Alamnagar P.S. Case No. 132 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T