Rajo Mandal @ Raju Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51332 of 2024 Arising Out of PS. Case No.-188 Year-2022 Thana- BARIYARPUR District- Munger ====================================================== Rajo Mandal @ Raju Mandal S/o- Deval Mandal Village- Ghorghat PsBariyarpur Dist- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Syed Maslehuddin Ashraf For the Opposite Party/s :

Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Bariyarpur P.S. Case no. 188 of 2022 instituted for the offence under Sections 25(1-A), 25(1-AA), 25(1-B), A/26(i)(ii)(iii), 35 of the Arms Act.

3. It is a case of seizure of country made pistol, semi finished pistols and parts for manufacturing of illegal arms in huge quantity from forest area of Gorghat village. The petitioner along with other accused are said to have been fled away after seeing the police party.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The petitioner has falsely been

Patna High Court CR. MISC. No.51332 of 2024(2) dt.19-07-2024 2/2 implicated in this case on the basis of secret information. Neither the petitioner has been arrested on spot nor any incriminating article has been recovered from his conscious possession. He has also got no criminal antecedent. Moreover, other co-accused Md. Ejaz has already been enlarged on bail by this Court vide order dated 8.1.2024 passed in Cr. Misc. NO. 74053 of 2023.

5. Learned APP appearing for the state has opposed the prayer of bail.

6. Considering the facts and circumstance of the case, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Bariyarpur P.S. Case no. 188 of 2022, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Amandeep/- U T