Manoj Mandal @ Manuj Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4066 of 2021 Arising Out of PS. Case No.-99 Year-2020 Thana- CHAKAI District- Jamui ====================================================== MANOJ MANDAL @ MANUJ KUMAR MANDAL S/o Ram Balak Mandal R/o village- Mangamunda, P.S.- Mangamunda, District- Deoghar, Jharkhand ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in Chakai P.S. Case No. 99 of 2020 registered under Sections 124(A), 120(B), 34 of the Indian Penal Code and 3⁄4 of Explosive Substances Act. Allegedly, 600 piece of Jiletin each weighing 125 gms i.e. around 75 kg. Jiletin along with detonating wire is recovered from the motorcycle.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. Explosive substances

Patna High Court CR. MISC. No.4066 of 2021(3) dt.08-03-2022 2/2 are said to have been recovered from the co-accused namely Mansur Ansari. The name of the petitioner has transpired in the present case on the basis of disclosure made by the co-accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case. There is no recovery of any incriminating article from possession of the petitioner. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Jamui in connection with Chakai P.S. Case No. 99 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T