Pawan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37840 of 2019 Arising Out of PS. Case No.-352 Year-2018 Thana- MUNGER MUFFASIL District- Munger ====================================================== PAWAN MANDAL, Son of Suresh Mandal, Resident of Village- Paschmi Koiri tola Makshudpur, P.S.- Kasim Bazar, Distt - Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 25-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Munger Muffasil P.S. Case No.352 of 2018 instituted for the offence under Section(s) 121, 379, 414, 120-B/34 Indian Penal Code, Sections 25(1-A)(1AA), 25(1-B)A, 26 and 35 of the Arms Act and Section 39 of the Unlawful Activities (Prevention) Act.

Counsel for the petitioner submits that First Information Report has been lodged on the basis of extra judicial confession of Md. Tanweer Alam, who disclosed name of 15 persons, as mentioned in the First Information Report, who are involved in illegal trading of arms. He has not uttered a single word against the petitioner. During investigation, petitioner was arrested by the police merely on suspicion since

Patna High Court CR. MISC. No.37840 of 2019(2) dt.25-06-2019 2/2 he was having criminal antecedents and on the basis of confession of some of the accused.

Petitioner is in custody in this case since 26.03.2019. A supplementary affidavit has been filed today in the Court, wherein, it is mentioned that SDPO, Munger, has filed requisition for remanding the petitioner besides other from RC No.31 of 2018, who is presently in Beur Jail and, accordingly, Production Warrant was issued on 26.03.2019 by virtue of which the petitioner is detained in the present case. In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Munger, in connection with Munger Muffasil P.S. Case No.352 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) J. Alam/- U T