Patna High CourtCR. MISC./20323/2019bail granted

Niranjan Mandal v. The State Of Bihar

2019-04-12Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20323 of 2019 Arising Out of PS. Case No.-267 Year-2018 Thana- PIRPAINTI District- Bhagalpur ====================================================== NIRANJAN MANDAL, aged about 35 years, Male, Son of Rash Bihari Mandal, Resident of Village- Athania, P.S.- Pirpainti, District- Bhagalpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Rajive Ranjan Singh, Advocate.

For the Opposite Party :

Mrs.Renu Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-04-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 04.12.2018 in a case for the offence registered under Sections 25(1-b) a and 26 of the Arms Act.

The prosecution story, in brief, is that the one loaded country made pistol alongwith live cartridge is alleged to have been recovered from the house of co-accused Awdhesh Mandal. It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. One loaded country made pistol and one live cartridge is alleged to have been recovered from

Patna High Court CR. MISC. No.20323 of 2019(2) dt.12-04-2019 2/2 the house of co-accused Awdhesh Mandal. There is no recovery from conscious possession of the petitioner. There is no compliance of Section 100 Cr. P.C.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. XI, Bhagalpur, in connection with Pirpainti P.S. Case No. 267/2018.

(Sudhir Singh, J) U.K./- U T