Srikant Kumar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29328 of 2024 Arising Out of PS. Case No.-904 Year-2023 Thana- KAHALGAON District- Bhagalpur ====================================================== Srikant Kumar Mandal Son of Late Shital Mandal Resident of villageSaidpur Kulkuliya Ward No. 3, P.S.- Kahalgaon, District- Bhagalpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajive Ranjan Singh, Advocate For the Opposite Party/s :
Mr.Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Kahalgaon P.S. case No. 904 of 2023 instituted for the offences under Sections 25(1-b)a, 26, 35 of the Arms Act.
3. As per the F.I.R., one loaded country-made pistol and one live cartridge has been recovered from this petitioner.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted
Patna High Court CR. MISC. No.29328 of 2024(2) dt.30-04-2024 2/2 that petitioner has got no concern with the recovered arms and ammunitions. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 01.08.2023 and has three criminal antecedents but he is on bail in all the cases. There is no compliance of Section 100 of the Cr.P.C.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kahalgaon P.S. case No. 904 of 2023. (Rudra Prakash Mishra, J) Alok Verma/- U T