Patna High CourtCR. MISC./38963/2023bail granted

Sintu Kumar @ Barun Mandal @ Barum Mandal v. The State Of Bihar

2023-07-07Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38963 of 2023 Arising Out of PS. Case No.-185 Year-2022 Thana- GAMAHARIYA District- Madhepura ====================================================== Sintu Kumar @ Barun Mandal @ Barum Mandal Son Of Deoki Mandal @ Ssuresh Mandal Resident Of Village- Paharpur, Ward No. 16, Ps- Sour Bazar, District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad, Advocate For the Opposite Party/s :

Mr.Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Gamharia P. S. Case No. 185 of 2022 lodged on 27.08.2022 under Sections 25(1-B) (a) of the Arms Act.

3. As per the prosecution case, the name of the petitioner has come up in this case, on the basis of the confessional statement of co-accused, Mithilesh Ram, as a manufacturer of illegal arms.

4. Learned counsel for the petitioner submits that neither the petitioner has been apprehended from the place of seizure nor any incriminating article has been recovered from his conscious possession, rather he has been dragged in the

Patna High Court CR. MISC. No.38963 of 2023(2) dt.07-07-2023 2/3 present case only based on the confessional statement of the coaccused. He further submits that the petitioner is in custody since 29.08.2022 and the chargesheet has already been submitted in this case. Apart from the present case, the petitioner is accused in five more cases, but as per the learned counsel for the petitioner, he is not sure whether the petitioner has been granted bail in those cases or not.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that during the investigation, it has come that the petitioner is indulged in the manufacturing of illegal arms.

6. In the present facts and circumstances of this case and the fact that no incriminating article has been recovered from the conscious possession of the petitioner, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Madhepura, in connection with Gamharia P. S. Case No. 185 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.with other following conditions:

A. The petitioner shall support in trial and

Patna High Court CR. MISC. No.38963 of 2023(2) dt.07-07-2023 3/3 shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, which shall be resulted in the cancellation of his bail bond. B. One of the bailors shall be a close relative who shall file an affidavit before the court about his relationship with the petitioner.C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of the present bail bond, violation of this condition shall result in cancellation of his present bail bond.

(Dr. Anshuman, J) Ashwini/- U T