Pawan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46336 of 2019 Arising Out of PS. Case No.-334 Year-2018 Thana- MUNGER MUFFASIL District- Munger ====================================================== PAWAN MANDAL Son of Suresh Mandal Resident of Village - Paschmi Koiri Tola Makshudpur, P.S.- Kasim Bazar, District- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar, Advocate For the Opposite Party/s :

Mr.Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 30-09-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Munger Muffasil P.S. Case No. 334 of 2018 instituted for the offence under Sections 121, 379, 414 and 120B/34 of the Indian Penal Code and Sections 25(1-a), 25(1-aa), 25(1-b)a/26/35 of the Arms Act. The petitioner has been made an accused in this case upon statement of co- accused persons, viz. Manjar and Md. Imran. The said two persons were implicated on the basis of the statement of third co- accused, namely, Shamsher Alam, who incidentally has not named the petitioner. It is submitted by the petitioner's counsel that other than this confessional statement of these two persons who have named several others, there is nothing recovered to connect

Patna High Court CR. MISC. No.46336 of 2019(3) dt.30-09-2019 2/3 this petitioner with the instant case. It is in similar manner that he has been remanded or implicated in other thirty cases details of which has been disclosed in para 3 of the instant bail application. He further submits that in some other cases where he has been been made accused, he has already been allowed the privilege of bail.

The petitioner is in custody in connection with this case since 23.03.2019.

Learned APP for the State opposed the prayer for bail. He submits that petitioner is already made accused in 30 ( thirty) other cases.

Having considered the rival submissions of the parties, prayer for bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Munger, in connection with Munger Muffasil P.S. Case No. 334 of 2018, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the

Patna High Court CR. MISC. No.46336 of 2019(3) dt.30-09-2019 3/3 address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U