Patna High CourtCR. MISC./33799/2019bail granted

Mohan Mandal@Niraj Kumar v. The State Of Bihar

2019-05-23Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33799 of 2019 Arising Out of PS. Case No.-205 Year-2018 Thana- GWALPARA District- Madhepura ====================================================== Mohan Mandal @ Niraj Kumar Son of Arun Mandal Resident of Village - Jai Ram Parshi, Ward No. 13, P.S.- Gwalpara (Arar), District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar For the Opposite Party/s :

Mr. Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 23-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Gwalpara P.S. Case No. 205 of 2018 registered for the offence punishable under Sections 25(1-b)a/26 of the Arms Act. One loaded country made pistol and two live cartridges are said to have been recovered from possession of the petitioner.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern with the seized articles. He has been falsely implicated in this case at the instance of his enemy by planting the aforesaid recovery from

Patna High Court CR. MISC. No.33799 of 2019(2) dt.23-05-2019 2/2 his possession. There is violation of Section 100 Cr.P.C. Petitioner has been languishing in custody since 07.12.2018. On the other hand, learned APP for the State opposed the bail prayer of the petitioner.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Udakishunganj, Madhepura in connection with Gwalpara P.S. Case No. 205 of 2018.

(Prakash Chandra Jaiswal, J) rohit/- U T