Kare Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47300 of 2018 Arising Out of PS.Case No. -90 Year- 2017 Thana -KAHALGAON District- BHAGALPUR ======================================================

1. Kare Mandal son of Late Narayan Mandal resident of VillagePakkisarai, P.S.- Ghogha (Kahalgaon), District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Swapnil Kumar Singh For the Opposite Party/s : Mr. Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-09-2018 Heard the parties.

The petitioner seeks regular bail in connection with Kahalgoan(Ghogha) P.S.Cae No.90 of 2017 registered for offences punishable under Sections 25(1-B)A/26 and 27 of the Arms Act.

The petitioner is not named in the FIR and later on his name transpired during the course of investigation on the confessional statement of the co-accused. The petitioner is in custody since 15.11.2017.

Submission of the learned counsel for the petitioner is that nothing has been recovered from his possession and the person on whose confession, the petitioner has been made accused, has been granted bail by a Co-ordinate Bench of this Court, vide order date

Patna High Court Cr.Misc. No.47300 of 2018 (5) dt.20-09-2018 2/2 20.9.2017 passed in cr. Misc. No.45014 of 2017. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of CJM, Bhagalpur in connection with Kahalgoan (Ghogha) P.S.Case no.90 fo 2017 With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T