Rajesh Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29626 of 2021 Arising Out of PS. Case No.-222 Year-2019 Thana- SHEOHAR District- Sheohar ====================================================== Rajesh Kumar Mandal S/O Sukul Mandal R/O Village-Jihuli, P.S-Patahi, District-Motihari (EAST Champaran).

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Hans Lal Kumar, Adv.

For the Opposite Party/s :

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-12-2021 Heard.

The petitioner seeks regular bail in connection with Sheohar P.S. Case No. 222 of 2019 for the offence punishable under Sections 414 of the Indian Penal Code and 25(1-b)a/26 of the Arms Act.

The allegation is regarding the police having raided the house of the petitioner and arrested him, whereafter a search was made and one country made pistol and six live cartridges along with three looted mobiles had been recovered from the petitioner.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 25.09.2019. The learned counsel for the petitioner has further submitted that only after the petitioner was arrested in the present case, he has been remanded in other cases. Per contra, Ms. Renu Kumari, the learned APP

Patna High Court CR. MISC. No.29626 of 2021(2) dt.09-12-2021 2/2 appearing for the State has vehemently opposed the prayer for regular bail, made by the petitioner.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the period of incarceration of the petitioner, I deem it fit and proper to direct for release of the petitioner on regular bail. Accordingly, the petitioner, above named, is directed to be released on regular bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheohar in connection with Sheohar P.S. Case No. 222 of 2019. (Mohit Kumar Shah, J) Tiwary/- U T