Vishal Kumar @ Vishal Kumar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56581 of 2024 Arising Out of PS. Case No.-24 Year-2024 Thana- Fekla District- Darbhanga ====================================================== Vishal Kumar @ Vishal Kumar Mandal S/O Kameshwar Mandal R/O VillageKushothar, P.S- Fekla, Distt.- Darbhanga. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Girish Chandra Jha, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 02-08-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Fekla P.S. Case No. 24 of 2024 instituted for the offences punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act.
3. As per the prosecution case, a country made pistol and a mobile was recovered from the possession of Amarjeet Kumar and a mobile phone of Vivo company was recovered from the possession of Vishal Kumar and a Smart mobile phone of Vivo company was recovered from the possession of Mukesh Kumar and from the possession of
Patna High Court CR. MISC. No.56581 of 2024(2) dt.02-08-2024 2/3 Nitesh Mandal a mobile phone of Vivo Company Y 16, a pulsar motorcycle bearing registration no. BR07AH 2849 and cash of Rs. 9,500/- was recovered from the accused persons.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case due to local village politics. He further submits that there is no direct allegation of recovery of any arms or ammunition from the possession of the petitioner. It is next submitted that one of the coaccused has already granted bail by this Court in Cr. Misc. No. 49682 of 2024. Petitioner has got no criminal antecedent as stated in para 3 of the petition and he is in custody since 26.05.2024.
5. Learned APP opposes the prayer for bail.
6. From perusal of the FIR, seizure list and the impugned order 19.07.2024, it appears that there is no any recovery of arms and ammunition from the possession of the petitioner and the mobile phone which has been seized is recovered from the possession of the Mukesh Kumar and there is no any independent witness of the seizure list,
Patna High Court CR. MISC. No.56581 of 2024(2) dt.02-08-2024 3/3 accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Darbhanga in connection with Fekla P.S. Case No. 24 of 2024. (Ramesh Chand Malviya, J) Mayank/- U T