Mandeep Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59358 of 2024 Arising Out of PS. Case No.-679 Year-2022 Thana- BIHTA District- Patna ====================================================== Mandeep Kumar S/O Gopal Rai R/O Village- Amnabad, P.S- Bihta, Distt.- Patna.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Usha Kumari Singh For the Opposite Party/s :
Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-09-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 25(1-b)a, 26, 35 of the Arms Act.
3. As per the FIR, two gun/rifle, eight cartridges etc. were recovered from the house of the petitioner
4. Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the seizure list was not prepared either in presence of the family members or villagers which is a violation of Section 100 of the Cr.P.C. He submits that charge has been framed against the petitioner on
Patna High Court CR. MISC. No.59358 of 2024(3) dt.20-09-2024 2/3 23.08.2024. The petitioner has three criminal antecedents and he is languishing in custody since 22.05.2024.
5. Learned APP for the State opposed the bail petition.
6. Considering the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Bihta P.S. Case No. 679 of 2022, subject to the conditions:
(I) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife. (II) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. (III) The petitioner will be well represented on each and every date fixed in the case and if he fails to do so on two consecutive dates his bail bonds shall be liable to be cancelled. (IV) The petitioner shall co-operate with the investigation, if not already concluded and make himself available and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (V) The petitioner will mark his attendance in the
Patna High Court CR. MISC. No.59358 of 2024(3) dt.20-09-2024 3/3 local police station in the first week of every month till conclusion of trial, failing which the prosecution will be at liberty to move cancellation of his bail bond. (Anjani Kumar Sharan, J) devendra/- U T