Sujit Kumar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28847 of 2022 Arising Out of PS. Case No.-2 Year-2022 Thana- LAKHNAUR District- Madhubani ====================================================== Sujit Kumar Mandal Son of Shibu Mandal Resident of Village - Lakhnaur, P.s.- Lakhnaur, Distt.- Madhubani.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Baleshwar Kamat For the Opposite Party/s :
Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 11-08-2022 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State Petitioner seeks bail in a case registered in connection with Lakhnaur P.S.Case No. 02 of 2022 for the offences punishable under Sections 272 and 273/34 of the Indian Penal Code and 25(1-b)a,26,35 of the Arms Act. As per the prosecution case, it is alleged that on a secret information the police apprehended co-accused Sumit Singh, who disclosed the name of other co-accused persons including the petitioner. It is further alleged that on search total 20.7 liters liquor has been recovered from the shop of one co-accused Manish Kumar and further one country made Katta has been recovered from the tempo of the
Patna High Court CR. MISC. No.28847 of 2022(2) dt.11-08-2022 2/3 petitioner.
It is submitted by the learned counsel for the petitioner that nothing has been recovered from person or possession of the petitioner and on account of some enmity, the recovery of country made Katta has been shown from the tempo only with a view to rope his son in the present crime. It is further submitted that petitioner is a man of clean antecedent and is in custody since 13.01.2022 and moreover, after completion of investigation charge sheet has been submitted.
On the other hand, learned counsel for the State opposed the bail application of the petitioner. Having heard the rival contentions of the parties and taking into consideration the fact that the alleged country made Katta has been recovered from tempo and the petitioner having fair antecedent and is in custody since 13.01.,2022, though after completion of the investigation charge sheet has been submitted, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge
Patna High Court CR. MISC. No.28847 of 2022(2) dt.11-08-2022 3/3 Excise, Jhanjharpur, Madhubani in connection with Lakhnaur P.S.Case No. 02 of 2022 subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.
(ii) He will remain present on each and every date of trial till disposal of the case.
(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.
(Harish Kumar, J) N.K/- U T