Krishan Mandal @ Krishna Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28186 of 2022 Arising Out of PS. Case No.-123 Year-2021 Thana- CHANDAN District- Banka ====================================================== Krishan Mandal @ Krishna Mandal Son of Govind Mandal Resident of Village - Sura, P.S. - Sarwan, District - Deoghar (Jharkhand). ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhananjay Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Arun Kumar Pandey, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 23-08-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Let the defects, as pointed out by the office, be removed within a period of four weeks from today. Petitioner seeks bail in a case registered for the offences punishable under Sections 420, 467, 471 of the Indian Penal Code and Sections 25(1-b), 26, 35 of the Arms Act. According to prosecution case, on the basis of self statement of one Ravi Shankar Kumar, S.I. of police, alleging therein that during the course of returning office, the informant saw a cash van and a security guard (petitioner) of SIS Company, standing in front of the SBI ATM, situated at Chandan Bazar. It is further alleged that on search, the accusedpetitioner was found in possession of a single barrel gun and 6
Patna High Court CR. MISC. No.28186 of 2022(2) dt.23-08-2022 2/3 alive cartridges. On demand, the accused-petitioner produced fake arms license.
Learned counsel for the petitioner submits that petitioner has clean antecedent and has committed no offence and he has falsely been implicated in the present case. He further submits that in fact the petitioner procured the gun license from one Binod Sinha and petitioner has no knowledge that the said license is fake and fabricated and the petitioner was working in SIS Company as a Guard. He further submits that after investigation police has submitted the charge sheet against the petitioner. He further submits that similarly situated, coaccused, namely, Mahendra Mahto has been granted bail by this Court vide order dated 25.02.2022 passed in Cr. Misc. No. 61232 of 2021. The petitioner is in custody since 20.12.2021. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Chandan P.S. Case No.
Patna High Court CR. MISC. No.28186 of 2022(2) dt.23-08-2022 3/3
1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) mdrashid/- U T