Baski Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19959 of 2022 Arising Out of PS. Case No.-69 Year-2021 Thana- KURSAILA District- Katihar ====================================================== BASKI MANDAL Son of Jaihind Prasad Mandal, Resident of Village - Ziyauddinpur, P.S. - Zero Mile (Sabour), District - Bhagalpur. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar Jha, Advocate For the Opposite Party/s :
Mr.Binod Kumar, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Kursela P.S. Case No. 69 of 2021 lodged under Section 25(1B)a, 26 and 35 of the Arms Act. The case of the persecution is that the present F.I.R. has been lodged on the basis of the confessional statement of the accused namely, Pankaj Mandal given in Kursela P.S. Case No. 68 of 2021 lodged under Sections 394 and 411 of the Indian Penal Code. Recovery was alleged to be made on the identification of accused Pankaj Mandal from the field of another person. It has also been disclosed by the accused Pankaj Mandal that by the said arms they have committed a crime on 24.05.2021.
Patna High Court CR. MISC. No.19959 of 2022(2) dt.21-07-2022 2/2 Learned counsel for the petitioner submits that the present case has been lodged under the provision of the arms act but arms were not recovered from the possession of the petitioner, as such no offence is made out under arms act. He further submits that petitioner is in custody since 26.05.2021 and charge sheet has already been filed in this case. Learned counsel for the State opposes the prayer for bail.
Considering the facts and circumstances as well as the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of Sri Rahul Ranjan, learned Judicial Magistrate-Ist Class, Katihar in connection with Kursela P.S. Case No. 69 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C.
(Dr. Anshuman, J.) ravishankar/- U T