Sunil Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52856 of 2024 Arising Out of PS. Case No.-211 Year-2023 Thana- BIHPUR District- Bhagalpur ====================================================== 1.
Sunil Mandal Son of Ramdeo Mandal Resident of village - Nuruddinpur Dudhaila, P.S.- Bihpur, District - Bhagalpur. 2.
Sushil Mandal @ Dhorai Son of Ramdeo Mandal Resident of village - Nuruddinpur Dudhaila, P.S.- Bihpur, District - Bhagalpur. 3.
Santosh Mandal Son of Ramdeo Mandal Resident of village - Nuruddinpur Dudhaila, P.S.- Bihpur, District - Bhagalpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amrendra Kumar, Adv.
For the Opposite Party/s :
Mr. Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-08-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection with Bihpur P.S. Case No. 211 of 2023 registered under Sections 25(1-b)a, 26 and 35 of Arms Act.
3. As per prosecution case, on instruction, informant along with police officials reached the house of accused persons and found Mithilesh Thakur and Arun Kumar Thakur lying injured on the ground. Both injured persons stated that all the accused persons assaulted them on gunpoint, and after having
Patna High Court CR. MISC. No.52856 of 2024(2) dt.22-08-2024 2/3 knowledge that the police team was coming, they fled away. On search, a country-made pistol and four live bullets were recovered from the house of co-accused Raj Kumar Mandal.
4. Learned counsel appearing on behalf of the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. Further submission is that F.I.R. has been lodged under Sections 25(1-b)a, 26 and 35 of Arms Act and as per F.I.R., arms and ammunition were recovered from the house of co-accused Raj Kumar Mandal. No arms and ammunition has been recovered from the conscious possession of these petitioners. Petitioners claim clean antecedent.
5. Learned A.P.P. appearing on behalf of the State opposed the bail application.
6. Having considered the aforesaid facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail-bonds of Rs. 10,000 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-I, Naugachia, Bhagalpur in connection with Bihpur P.S. Case No. 211 of 2023, subject to
Patna High Court CR. MISC. No.52856 of 2024(2) dt.22-08-2024 3/3 the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Singh, J) utkarsh/- U T