Deo Kumar Mandal @ Lalu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50249 of 2021 Arising Out of PS. Case No.-46 Year-2021 Thana- KHUTAUNA District- Madhubani ====================================================== DEO KUMAR MANDAL @ LALU S/O SATYA NARAYAN MANDAL R/o village- Murarpatti, Ward No. 2, P.S.- Khutauna, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar Singh, Advocate For the Opposite Party/s :

Mr.Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-03-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Khutauna PS case no. 46 of 2021 instituted for the offences punishable under Sections 399, 402of Indian Penal Code and 25(1-b)a, 26, 35 of Arms Act.

The allegation is regarding recovery of one countrymade pistol with two live cartridges from the possession of the petitioner while he was conspiring to commit loot. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 17.04.2021. The learned counsel for the petitioner has further submitted that the petitioner is an accused in one other

Patna High Court CR. MISC. No.50249 of 2021(2) dt.08-03-2022 2/2 case but he is on bail in the said case.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I deem it fit and proper to admit the petitioner to the privilege of bail.

Accordingly, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of A.C.J.M. I, Jhanjharpur in connection with Khutauna PS case no. 46 of 2021. (Mohit Kumar Shah, J) rinkee/- U T