Munna Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38219 of 2020 Arising Out of PS. Case No.-212 Year-2019 Thana- NAYA RAM NAGAR District- Munger ====================================================== Munna Mandal, Son Of Pratap Mandal, Resident Of Village/MuhallaMaksaspur Koeritola Near Mahavir Mandir, P.S.-Kasimbazar DistrictMunger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjiv Kumar Singh, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 10-02-2021 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offence punishable under Sections 25(1-A), 25(1-AA), 25(1-b)a, 26, 35 of the Arms Act.

Petitioner had earlier moved this Court for regular bail vide Cr. Misc. No. 81900 of 2019 which was rejected on 16.01.2020 with liberty to petitioner to renew his prayer for bail after framing of charges.

Informant who is a police officer has alleged in his written complaint that on receiving specific information that some criminals are engaged in manufacturing of illegal arms, he raided the place and form the forest and bush, arms and ammunition as well as half built arms and instruments for

Patna High Court CR. MISC. No.38219 of 2020(2) dt.10-02-2021 2/3 manufacturing arms were recovered.

It has been submitted on behalf of petitioner that he is innocent and has been falsely implicated in this case on the basis of suspicion only although he was 500 meters away from the place of recovery. Similarly placed co-accused have been granted bail by co-ordinate bench of this court as contained in Annexure-4 series. Petitioner is accused in one more case under Arms Act in which he is on bail as disclosed in Para-3 of the petition. Petitioner is in custody since 12.08.2019. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge- IV, Munger, in connection with S.T. No. 103 of 2020 arising out of Naya Ram Nagar P.S. Case No. 212 of 2019 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each

Patna High Court CR. MISC. No.38219 of 2020(2) dt.10-02-2021 3/3 and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/- U T