Ganga Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1506 of 2021 Arising Out of PS. Case No.-228 Year-2020 Thana- JOGBANI District- Araria ====================================================== GANGA KUMAR MANDAL S/o LALAN MANDAL, R/o Village - Indra Nagar, Ward NO. 10, P.S. - Jogbani, District - Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-03-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Section 30 (a) of the Excise Act, Sections 353, 414 Indian Penal Code and Sections 25 (1-b)a, 26, 35 of the Arms Act.

Allegation against the petitioner alongwith other accused persons is of recovery of loaded pistol, cartridge and codeine syrup from the possession of co-accused persons. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.1506 of 2021(2) dt.09-03-2021 2/3 that the petitioner is innocent and has falsely been implicated in this case. There is no recovery from the conscious possession of the petitioner. Rather, there is recovery of one loaded pistol alongwith 160 bottles of ban Codeine Dialex DC from the thrown bag of co-accused namely Kundan Yadav and two live cartridges are also recovered from the co-accused namely Rahul Kumar Mandal. The petitioner is languishing in custody since 26.09.2020. The petitioner has got no criminal antecedent. Learned APP for the State opposed the bail petition. Petitioner is agreed to deposit a sum of Rs. 1,000/- (Rupees One Thousand) in the PM Cares Fund, bearing Account No.2121PM20202, IFSC Code: SBIN 0000691, SWIFT Code: SBININBB104, State Bank of India, New Delhi Main Branch, UPI ID : pmcares@sbi.

Considering the aforesaid 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 Additional Sessions Judge-2nd cum Special Judge, Araria in connection with Special Case No. 786/2020 arising out of Jogbani P. S. Case No.228/2020. The bail bond of the petitioner shall be accepted by

Patna High Court CR. MISC. No.1506 of 2021(2) dt.09-03-2021 3/3 the learned Court below on showing receipt of deposit of Rs.1,000/- (Rupees one Thousand) in the PM Cares fund. (Anjani Kumar Sharan, J) amitkumar/- U T