Gajadhar Mandal @ Gajo Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19537 of 2017 Arising Out of PS.Case No. -226 Year- 2016 Thana -MUNGER MUFFASIL District- MUNGER ======================================================

1. Gajadhar Mandal @ Gajo Mandal Son of Late Anup Lal Mandal, Resident of Village- Binda Diyara Kalyan Tola, P.S. Bariyarpur, DistrictMunger. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Sinha Mr. Kamal Kishroe Jha For the Opposite Party/s : Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-05-2017 Heard the parties.

The petitioner seeks regular bail in connection with Muffasil P.S.case No.226 of 2016, registered for offences punishable under Sections 25(1-b)A, 26(ii) 35 of Arms Act. Allegation is about recovery of a country-made Pistol and four cartridges.

It is submitted on behalf of the petitioner that he has been falsely implicated in this case and now he has remained in custody for about seven months. So far as criminal antecedent is concerned, it is submitted that he is accused in two other cases also but he is on bail in both the cases.

Heard learned A.P.P. also, who has opposed the prayer for

Patna High Court Cr.Misc. No.19537 of 2017 (2) dt.04-05-2017 2/2 bail on the ground that he is accused in other cases also. Having heard both sides and from perusal of para 3 of the petition it appears that both the cases are of the year, 2005 and 2015 respectively as well as the petitioner has remained in custody for about seven months, as such, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Munger in connection with Muffasil P.S.Case No.226 of 2016. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U