Kundan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18845 of 2019 Arising Out of PS. Case No.-357 Year-2018 Thana- MUNGER MUFFASIL District- Munger ====================================================== KUNDAN MANDAL S/o Ramchandra Mandal Resident of Village - Muzaffraganj, P.S.- Hawelikharagpur, District - Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Roy, Advocate.

For the Opposite Party/s :

Mr. Anand Mohan Prasad Mehta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-03-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Muffasil P.S. Case No. 357 of 2018, instituted for the offence under Section(s) 121, 379, 414, 120(B) of Indian Penal Code, Sections 25(1-B)A, 25(1-AA), 25(1-B)A, 26, 27, 35 of Arms Act and Section 39 of U.A.P. Act.

Counsel for the petitioner submits that there is no recovery of any firearm from possession of the petitioner. It is alleged in the written report that firearm has been recovered from the house of Manzoor Alam. Seizure list is part of the First Information Report from which it appears that only Samsung Mobile has been recovered from possession of the petitioner.

Patna High Court CR. MISC. No.18845 of 2019(2) dt.29-03-2019 2/2 Petitioner is in custody since 5.11.2018.

Keeping in view the period spent by the petitioner in custody and no incriminating article has been recovered from his possession, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, be released on bail 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, Munger, in connection with Muffasil P.S. Case No. 357 of 2018, subject to the condition that both the bailors will be close relatives of the petitioner with further conditions which are as follows:

(i) Petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court (ii) In absence on two consecutive dates without any valid reason, the bail bonds of the petitioner will liable to be cancelled and (iii) if petitioner tampers with the evidence or the witnesses of the case, in that event, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/- U T