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Patna High CourtCR. MISC./23134/2019allowed

Rajiv Mandal @ Raja Mandal @ Rajiv Kumar Mandal v. The State Of Bihar

2019-04-10Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23134 of 2019 Arising Out of PS. Case No.-164 Year-2018 Thana- RUPAULI District- Purnia ====================================================== RAJIV MANDAL @ RAJA MANDAL @ RAJIV KUMAR MANDAL S/o Sudhir Mandal Resident of Village- Vijay, P.S.- Rupauli (Mohanpur), DistrictPurnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Jha For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 10-04-2019 Heard learned counsel for the petitioner and counsel appearing on behalf of the State.

The petitioner is in custody in connection with Rupauli ( Mohanpur) P.S. Case No. 164 of 2018 corresponding to Special Excise Case No. 862 of 2018 for the offence under Sections 341, 290, 504, 506 of the Indian Penal Code and Section 25 (1-b)a/26 Arms Act and Section 37 C of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the allegation against this petitioner is that he was apprehended by the people and handed to the police. It is alleged that one country made pistol and two cartridges was recovered from the possession of the petitioner. It is further alleged that the

Patna High Court CR. MISC. No.23134 of 2019(2) dt.10-04-2019 2/2 petitioner was in drunken condition. He submits that petitioner is in custody since 27.08.2018.

Considering the fact that petitioner has remained in custody fore more than seven months, the Court is inclined to grant bail to the petitioner. Let, the petitioner named above, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Addl. Sessions Judge cum Speical Judge Excise, Purnea in connection with Rupauli (Mohanpur) P.S. Case No. 164 of 2018, subject to the condition that both the bailors should be family members of the petitioner. (Anil Kumar Upadhyay, J) T.Kr./- U T