Rajesh Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19447 of 2020 Arising Out of PS. Case No.-224 Year-2019 Thana- KURSAILA District- Katihar ====================================================== RAJESH MANDAL, (Aged about -30 yrs. {MALE}], Son of - BIDESHI MANDAL, resident of Village- KURSEELA BASTI, P.S.- KURSELA, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pawan Kumar Singh For the Opposite Party/s :

Mr. Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-06-2020 Heard Mr. Pawan Kumar Singh, learned counsel for the petitioner and Mr. Brajendra Nath Pandey, learned Additional Public Prosecutor appearing for the State through video conferencing.

The petitioner seeks regular bail in connection with Kursela P.S. Case No. 224 of 2019 registered for the offence punishable under Section 414 of the Indian Penal Code, 1860 and Section 25(1-b)a of the Arms Act.

The allegation against the petitioner is that the Police during the course of patrolling intercepted one person along with a motorcycle and upon seeing the Police party the said person tried to flee away, but was apprehended by the Police and from the possession of the petitioner one loaded country made pistol and one Bajaj Pulsar motorcycle bearing Registration No. WB74G/ 6914 were recovered.

Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged

Patna High Court CR. MISC. No.19447 of 2020(2) dt.10-06-2020 2/2 and he has falsely been implicated in this case. Learned counsel further submits that seizure list has not been prepared in accordance with the provisions of Section 100 of the Cr.P.C. Learned counsel further submits that petitioner has got no criminal antecedent and he is in custody since 21.12.2019. Having regard to the submissions made by the parties and taking into consideration the fact that petitioner has got no criminal antecedent and he is in custody for the last six months, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Kursela P.S. Case No. 224 of 2019. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding lockdown and social distancing.

praful/- (Anil Kumar Sinha, J) U T