Sunil Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50012 of 2021 Arising Out of PS. Case No.-142 Year-2020 Thana- INDUSTRIAL District- Bhagalpur ====================================================== SUNIL MANDAL S/o Uchas Mandal R/o village- Mirachak, P.S.- Industrial Area, District- Bhagalpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pankaj Kumar For the Opposite Party/s :

Mr. Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-01-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner seeks bail in connection with Industrial Area P. S. Case No.142 of 2020, instituted for the offences under Sections 25(1-b)A and 26 of the Arms Act. The learned counsel for the petitioner submits that the petitioner is in custody since 12.12.2020 charge-sheet has been submitted in the case.

Allegation is of recovery of a loaded country-made pistol, one live cartridge and an iron knife from the possession of the petitioner.

The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. Nothing was recovered from his possession and he came to be

Patna High Court CR. MISC. No.50012 of 2021(2) dt.29-01-2022 2/3 implicated because of his antecedent as mentioned in Para-3 of the bail application.

The learned A.P.P. for the State opposes the bail application and submits that petitioner has antecedents and once he is enlarged on bail, it will be difficult for the charges to be framed.

Considering the fact that the petitioner is in custody since 12.12.2020 charge-sheet has been submitted in the case, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Industrial Area P. S. Case No.142 of 2020, subject to condition that one of the bailers shall be the father of the petitioner namely, Unchas Mandal with a condition that petitioner will have to mark his attendance before the concerned police station in between 25th to 30th of every month commencing from February, 2022, till the charges are not framed. In the event, the concerned police station reports to the learned Court below that petitioner has violated the condition imposed as aforesaid in any of the month before framing of charge, the learned Court below will be at liberty to cancel his

Patna High Court CR. MISC. No.50012 of 2021(2) dt.29-01-2022 3/3 bail bonds. Further if the petitioner gets implicated in a case of similar nature, the learned Court below will be at liberty to cancel his bail bonds.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T