Krishnadev Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51717 of 2021 Arising Out of PS. Case No.-23 Year-2021 Thana- ANDHRAMATH District- Madhubani ====================================================== 1.

KRISHNADEV MANDAL Son of Aanandi Mandal Resident of Village - Kushmahi, P.S.- Andhramath, District - Madhubani 2.

Rahul Kumar Mandal Son of Lakshman Mandal Resident of Village - Dharahara, P.S.- Andhramath, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Srinandan Prasad Singh Ms.Prakritita Sharma For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-04-2022 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners seek regular bail in connection with Andhramath Police Station Case No. 23 of 2021, registered for the offences punishable under Sections 399/401/402/414/34 of the Indian Penal Code and Sections 25 (1-b)a/26/35 of the Arms Act.

The prosecution case, as per the First Information Report, is that police got secret information that some accused persons has assembled in the house of petitioner Krishdeo Mandal and were planning to commit crime, raided the house of the petitioner Krishdeo Mandal and recovered one country-

Patna High Court CR. MISC. No.51717 of 2021(2) dt.15-04-2022 2/3 made pistol from the possession of petitioner Krishnadeo Mandal and one loaded country-made pistol from the possession of the petitioner Rahul Kumar Mandal. The police also recovered two stolen motorcycles parked near the house of the petitioner Krishnadeo Mandal.

Learned Counsel for the petitioners submits that the petitioners have not committed any offence in the manner alleged and they have falsely been in this case merely by the police with oblique motive. He further submits that the petitioners were not aware about the stolen motorcycles being parked near the house of petitioner Krishnadeo Mandal and the same has not been recovered from inside the house of the petitioner Krishnadeo Mandal. He further submits that coaccused Deepak Kumar has been granted bail by this Court vide order, dated 08.04.2020, passed in Criminal Misc. No. 51582 of 2021. He further submits that the petitioners are in custody since 03.03.2021, having no criminal antecedent and charge sheet has been submitted against them and as such there is no likelihood that the petitioners will abscond and/or tamper with the evidence.

Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the

Patna High Court CR. MISC. No.51717 of 2021(2) dt.15-04-2022 3/3 materials available on record and the fact that co-accused person has been granted bail by this Court, charge sheet has already been submitted and the petitioners are in custody since 03.03.2021, having no criminal antecedent, I am inclined to grant regular bail to the petitioners.

This application is, accordingly, allowed.

Let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Jhanjharpur, Madhubani, in connection with Andhramath Police Station Case No. 23 of 2021.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √