Patna High CourtCR. MISC./3239/2017bail granted

Sushil Mandal @ Shohil Mandal v. The State Of Bihar

2017-02-09Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3239 of 2017 Arising Out of PS.Case No. -98 Year- 2016 Thana -MAUZAHIDPUR District- BHAGALPUR ====================================================== Sushil Mandal @ Shohil Mandal, son of Umesh Mandal, Resident of Village - Ganeshpur Tinpuliya, P.S. Jagdishpur, District - Bhagalpur. .... .... Petitioner

Versus

The State of Bihar.

... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Janki Nandan Prasad For the Opposite Party/s : Mr. Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-02-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Mozahidpur (Babarganj) P.S. Case No. 98 of 2016, registered under Section 399 and 402 of the Indian Penal Code and Section 25 (1-B)a,26 and 35 of the Arms Act.

The accusation is that on receiving secret information about gathering of the miscreants to commit crime near Aliganj Chowk. The Police reached there and saw that one Kundan Kumar, Sushil Mandal (Petitioner) and three other unknown were talking to each other. On seeing the Police jeep, they started fleeing, but petitioner and one Vikash Kumar Sah were apprehended by the Police. On search, one loaded pistol has been recovered from the possession of the petitioner.

Patna High Court Cr.Misc. No.3239 of 2017 (2) dt.09-02-2017 2/2 Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Further submission is that while petitioner is accused in three other cases, as detailed in para-3 of the petition, but he is on bail in two cases. The petitioner is in custody since 25.06.2016. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the 4th Addl. Sessions Judge, Bhagalpur in connection with Mozahidpur (Babarganj) P.S. Case No. 98 of 2016. Out of two sureties, one surety must be the close relative of the petitioner, who will file an affidavit showing his relation with the petitioner.

(Rajendra Kumar Mishra, J) manish/- U T