Patna High CourtCR. MISC./41819/2016bail granted

Nand Kishore Mandal @ Nanhaku Mandal @ Nand Kishore v. The State Of Bihar

2016-10-06Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41819 of 2016 Arising Out of PS.Case No. -43 Year- 2016 Thana -CHAUSA District- MADHEPURA ======================================================

1. Nand Kishore Mandal @ Nanhaku Mandal @ Nand Kishore Son of Shri Sarover Resident of Village - Kadwa Jangli Tola, P.S.-Dholbajja, (Kawa O.P.) District- Bhagalpur (Naugachhia) .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Praveen Kumar Agrawal For the Opposite Party/s : Mr. Sri Chaubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-10-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Chausa P.S. Case No. 43 of 2016 registered for the offences punishable under Sections 25(1-B)A, 26 of the Arms Act.

Allegedly, the petitioner was caught after chase and from his possession one country made pistol and Vindolia having six live cartridges of .303 bore and one knife were recovered. Submission is of false implication and that petitioner is suffering in custody since 21.03.2016, as a matter of fact nothing has been recovered from his conscious possession he has been made victim of the circumstances to which the learned A.P.P. opposes.

In the facts and circumstances stated above,

Patna High Court Cr.Misc. No.41819 of 2016 (2) dt.06-10-2016 2/2 considering the alleged recovery and custody, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount to the satisfaction of the learned Judicial Magistrate 1st Class, UdaKishunganj (Madhepura) in connection with Chausa P.S. Case No. 43 of 2016, subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) siddharth/avinU T