Saurav Kumar Mandal @ Saurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21490 of 2022 Arising Out of PS. Case No.-211 Year-2021 Thana- ALAMNAGAR District- Madhepura ====================================================== SAURAV KUMAR MANDAL @ SAURAV KUMAR SON OF PULKIT MANDAL R/O VILLAGE- VAISHA WASA, ALAMNAGAR PURVI, WARD NO.-06, P.S.- ALAMNAGAR, DISTRICT- MADHEPURA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 13-06-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Alamnagar P.S. Case No. 211 of 2021 registered for the offences punishable under Sections 25(1-B)a, 26 of the Arms Act. As per prosecution case, one country made loaded pistol was recorded from possession of the petitioner. Learned counsel for the petitioner submits that petitioner is in custody since 25.10.2021 and bears criminal antecedent of one case. He further submits that no incriminating article has been recovered from conscious possession of the

Patna High Court CR. MISC. No.21490 of 2022(3) dt.13-06-2022 2/3 petitioner and he has falsely been implicated in this case due to ill motive of local police. Petitioner has no knowledge about the alleged seized illegal arms. Petitioner is daily wager and he works in local market. Charge sheet has been submitted in the case and there is no likelihood of tampering the evidence. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case as well as period of custody and also taking into consideration the material available on record, let the petitioner above named be released on bail, after framing of charge, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Udakishunganj in connection with Alamnagar P.S. Case No. 211 of 2021, subject to following conditions:- (i) One of the bailor shall be either father or mother or sister or brother or wife or the person who sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates would be a ground for cancellation of bail by the learned

Patna High Court CR. MISC. No.21490 of 2022(3) dt.13-06-2022 3/3 Trial court itself.

(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) shahzad/- U T