Surendra Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26162 of 2023 Arising Out of PS. Case No.-204 Year-2022 Thana- SANGRAMPUR District- Munger ====================================================== SURENDRA MANDAL S/O LATE MAHESH MANDAL Resident of village- Khapra, P.S.- Sangrampur, (Tetiyabamber), District- Muger. ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Bhardwaj For the Opposite Party/s :

Mr.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner has preferred this application for grant of regular bail in connection with S.T. No. 119 of 2023 arising out of Sangrampur (Tetiyabamber) P.S. Case No. 204 of 2022 dated 5.8.2022 registered for the offences punishable u/s 25(1A)/25(1-AA)/25(1-B)a/26(i)(ii)/35 of the Arms Act. As per the prosecution case, on secret information, the police found a mini gun factory in the basement of the house of the petitioner. The police recovered a huge quantity of semi

Patna High Court CR. MISC. No.26162 of 2023(2) dt.24-05-2023 2/3 manufactured pistols, other semi manufactured parts of weapons and equipment used in manufacturing of arms. Further, the police apprehended three persons who disclosed their names as Surendra Mandal, Rahul Kumar and Sanjay Kumar. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Charge-sheet has already been submitted in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 06.08.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Munger in connection with S.T. No. 119 of 2023 arising out of Sangrampur (Tetiyabamber) P.S. Case No. 204 of 2022 with the following condition :

Patna High Court CR. MISC. No.26162 of 2023(2) dt.24-05-2023 3/3

1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled. The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T