Pradeep Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16815 of 2020 Arising Out of PS. Case No.-272 Year-2019 Thana- PIRPAINTI District- Bhagalpur ====================================================== 1.

Pradeep Kumar Mandal Son of Mohan Mandal Resident of Village - Parasbanna, P.S.- Pirpainty, Distt - Bhagalpur. 2.

Brajesh Yadav Son of Saryug Yadav Resident of Village - Madhuban Tola, Araji Olapur, P.S.- Pirpainty, Distt - Bhagalpur. 3.

Amit Kumar Son of Bhuwali Yadav Resident of Village - Madhuban Tola Araji Olapur, P.S.- Pirpainty, Distt - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered under Sections 399, 402/34 of the I.P.C. and 25(1-b)a, 26, 35 of the Arms Act.

The prosecution case, in short, is that one loaded country made pistol and a live cartridge are recovered.

Patna High Court CR. MISC. No.16815 of 2020(2) dt.02-06-2020 2/2 It has been submitted on behalf of the petitioners that the petitioners are in custody since 18.12.2019 and have got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses against the petitioners. There is no recovery of any arms from the possession of the petitioners. Arms is said to have been recovered from the possession of co-accused Amarnath Yadav. The petitioners have been made accused due to mistake of fact.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the facts and circumstances of the case and also the lockdown, the petitioners, above named, are directed to be released on bail on their personal bond to the satisfaction of A.C.J.M. IXth, Bhagalpur in connction with Pirpainti P.S. case No.272 of 2019.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of four weeks to the satisfaction of the court concerned in connection with the aforesaid case. (Sudhir Singh, J) Narendra/- U T