Uday Shankar Mandal v. The State Of Bihar

Patna High Court Cr.Misc. No.34144 of 2016 (2) dt.19-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34144 of 2016 Arising Out of PS.Case No. -36 Year- 2016 Thana -KHAGARIA District- KHAGARIA ======================================================

1. Uday Shankar Mandal S/o Late Ramdas Mandal resident of village - Jangali Tola, P.S. Muffasil, District - Khagaria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar For the Opposite Party/s Mr. Ram Sumiran Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 19.08.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under sections 25 (I-AA), 26 (1), 35 of the Arms Act.

One mini gun factory was unearthed. Finish and unfinished arms as well as other apparatus which were used in preparation of firearms were recovered but admittedly, aforesaid recoveries were neither made from conscious possession of the petitioner or from his house and it is stated that the petitioner and two other persons were caught by the police officials when they were trying to flee from the place of occurrence.

No doubt, earlier petitioner was made accused in a case of Arms Act but in the present case, he is languishing in jail custody since 19.1.2016.

Considering the aforesaid facts and circumstances as well as

Patna High Court Cr.Misc. No.34144 of 2016 (2) dt.19-08-2016 submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria in Khagaria (Mufassil) P.S. Case no. 36/2016. shahid (Hemant Kumar Srivastava,J) U T