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Patna High CourtCR. MISC./65607/2018bail granted

Dhibba Mandal v. The State Of Bihar

2018-11-06Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65607 of 2018 Arising Out of PS.Case No. -90 Year- 2017 Thana -KAHALGAON District- BHAGALPUR ====================================================== Dhibba Mandal, son of Shrawan Mandal, resident of village- Pakkisarai, P.S.- Ghogha, Distt- Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Swapnil Kumar Singh, Advocate For the Opposite Party/s : Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 06-11-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Kahalgaon Ghogha P.S. Case No.90 of 2017 instituted for the offence under Section(s) 25(1-B)A, 26 and 27 of the Arms Act.

Counsel for the petitioner submits that petitioner is not named in the First Information Report. There is no recovery of any incriminating article from his possession. From the seizure list, it appears that alleged arms have been recovered from possession of the deceased. In the written report, it is alleged that one dead body was recovered from the place of occurrence. Petitioner has been implicated in this case on the basis of confessional statement of co-accused-Jyotish Mandal.

Patna High Court Cr.Misc. No.65607 of 2018 (2) dt.06-11-2018 2/2 Petitioner is in custody since 03.10.2017.

In the facts and circumstances of the case, 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 the Chief Judicial Magistrate, Bhagalpur, in connection with Kahalgaon Ghogha P.S. Case No.90 of 2017, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) JA/- U T