Arvind Mandal @ Arvind Bhuiyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54985 of 2018 Arising Out of PS.Case No. -24 Year- 2018 Thana -ROSHANGANJ District- GAYA ====================================================== Arvind Mandal @ Arvind Bhuiyan son of Tetar Bhuiyan, Resident of Village- Biharigain, Tola- Dumrigarh, P.S. Raushanganj, District- Gaya. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Indrajesh Kumar For the Opposite Party/s : Mr. Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-10-2018 Heard learned counsel for the petitioner.

Petitioner prays for bail in connection with Raushanganj (Bankebazar) P.S.Case No. 24 of 2018 registered for the offences punishable under Section 30(a) of Bihar Excise (Amendment) Act, 2016 and Sections 120B, 399, 402 of the Indian Penal Code, Sections 25(1-B)(a), 26, 35 of the Arms Act and Section 17 of CLA Act.

Allegation against the petitioner is of recovery of one loaded pistol and mobile phone and he was arrested while making preparation of dacoity.

Submission of learned counsel for the petitioner is that he has been arrested only on the basis of suspicion and nothing has been recovered from his possession and he is in custody for about

Patna High Court Cr.Misc. No.54985 of 2018 (2) dt.10-10-2018 2/2 eight months, having no criminal antecedent.

Heard learned APP also.

Having heard both sides and in the facts and circumstances, as stated above, this application is disposed of with direction the learned court below to verify the criminal antecedent of the petitioner and if there is no criminal antecedent against the petitioner, he shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise Act, Gaya, in connection with Raushanganj (Bankebazar) P.S.Case No. 24 of 2018, subject to the condition that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned. (Vinod Kumar Sinha, J) spal/- U T