Pappu Mandal @ Surendra Kumar @ Surender Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47771 of 2024 Arising Out of PS. Case No.-575 Year-2022 Thana- JAMUI District- Jamui ====================================================== Pappu Mandal @ Surendra Kumar @ Surender Mandal S/o Narayan Mandal R/o vill - Amrath, P.S. - Jamui, distt. - Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Y.C Verma, Sr. Advocate Ms. Kumari Anupam, Advocate For the Opposite Party/s :
Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-08-2024 Heard Mr. Y.C Verma, learned senior counsel for the petitioner and Mr. Sunil Kumar Pandey, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 22.01.2024 in connection with Jamui P.S. Case No. 575 of 2022, F.I.R. dated 07.11.2022 for the offences punishable under Sections 399, 402 and 120B of the Indian Penal Code and Section 25(1-B)A, 26 and 35 of the Arms Act.
3. According to prosecution case, two country made pistols have been recovered from the house of the petitioner.
4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that from perusal of the F.I.R as well as seizure list, two country made pistols have been
Patna High Court CR. MISC. No.47771 of 2024(3) dt.28-08-2024 2/3 recovered from the house of the petitioner. He further submits that the petitioner was not apprehended at the place of recovery and the name of the petitioner has been transpired on the basis of the confessional statement of the co-accused, namely, Nitish Kumar and he has stated that the petitioner has kept the arms in question for some other purpose. He further submits that nothing has been recovered from the conscious possession of the petitioner, so no case is made out under the Arms Act. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 22.01.2024.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that from perusal of the F.I.R as well as seizure list, it appears that the recovery has been made from the house of the petitioner and apart from that the petitioner carries 14 criminal antecedents other than the present one but fairly submits on the basis of second supplementary affidavit filed by the petitioner that the petitioner is on bail in 11 cases out of 14.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
Patna High Court CR. MISC. No.47771 of 2024(3) dt.28-08-2024 3/3 the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jamui in connection with Jamui P.S. Case No. 575 of 2022, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Vanisha/- U T