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Patna High CourtCR. MISC./38071/2019bail granted

Manish Mandal @ Manish Kumar @ Manish Kumar Mandal v. The State Of Bihar

2019-07-04Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38071 of 2019 Arising Out of PS. Case No.-259 Year-2018 Thana- CHAUSA District- Madhepura ====================================================== Manish Mandal @ Manish Kumar @ Manish Kumar Mandal Son of Late Raghunandan Mandal Resident of Village - Kapsiya, P.S.- Alamnagar (Ratwara), Distt - Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Yadav For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Chousa P.S. Case No. 259 of 2018 registered for the offence under Sections 25(1-B)a, 26 and 35 of the Arms Act. As per allegation made in the FIR, it is stated that one loaded country made pistol, one live cartridge of .315 bore and three empty cartridges were recovered from possession of the petitioner.

It is submitted by the learned counsel for the petitioner that allegations in the FIR are false and concocted. Co-accused Bibhuti Jha, whose case stands on similar footing to that of the petitioner, has already been enlarged on bail vide

Patna High Court CR. MISC. No.38071 of 2019(2) dt.04-07-2019 2/2 order dated 25.02.2019 passed in Cr. Misc. No. 2291 of 2019 (Annexure-2). He is in custody since 12.10.2018. The application for bail is opposed by the learned APP for the State.

Having heard the parties and considering the fact that similarly situated co-accused has been enlarged on bail, this Court is inclined to grant bail to the above named petitioner on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Udakishunganj in connection with Chousa P.S. Case No. 259 of 2018.

(Partha Sarthy, J) sushma/- U T