Nand Kishore Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20650 of 2016 Arising Out of PS.Case No. -15 Year- 2016 Thana -BARHARA District- PURNIA ====================================================== Nand Kishore Mandal, son of Late Narayan Mandal, R/o VillageLaxmipur, Bhita, P.S.- Barhara, District- Purnea. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Dr. Bidhu Ranjan For the Opposite Party/s : Mr. Ajay Kumar No.2(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-05-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Barhara P.S. Case No. 15 of 2016, registered under Section 399, 402 and 414 of the Indian Penal Code and Section 25(1-b)a, 26 and 35 of the Arms Act.

The accusation is of recovery of one loaded country made pistol and one live cartridge from the possession of the petitioner.

Learned counsel for the petitioner submits that petitioner is in custody since 17.01.2016. The petitioner is accused in Barhara P.S. Case No. 142 of 2008, but he has been acquitted after facing the trial. Further submission is that similarly situated co-accused Pawan Yadav @ Pawan Kumar has

Patna High Court Cr.Misc. No.20650 of 2016 (2) dt.13-05-2016 2/2 already been granted privilege of bail by a co-ordinate Bench of this Court vide order dated 29.04.2016 passed in Criminal Misc. No. 16988 of 2016.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released 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 the Chief Judicial Magistrate, Purnea in connection with Barhara P.S. Case No. 15 of 2016. Out of two sureties, one surety must be the close relative of the petitioner, who will file an affidavit showing his relation with the petitioner. (Rajendra Kumar Mishra, J) manish/- U T