Mukesh Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57551 of 2025 Arising Out of PS. Case No.-51 Year-2025 Thana- GOGRI District- Khagaria ====================================================== Mukesh Mandal Aged about 50 year Son of late ganesh mandla R/o Village - Chhoti Muskipur, P.S.- Gogri, Dist. - Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Parmatma Singh, Adv For the Opposite Party/s :

Mr.Gulnar Begum, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 27-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Gogri P.S Case No. 51 of 2025 registered for the offences punishable under Sections 25(1-B)A, 26 Arms Act.

3. As per allegation in the FIR, there is recovery of one loaded country made pistol and two live cartridge.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that petitioner's name has been figured due to village politics . He further submits that just because petitioner possess two criminal antecedent his name has been inserted in this case. He further submits that there is no independent witness to the

Patna High Court CR. MISC. No.57551 of 2025(2) dt.27-08-2025 2/2 seizure list. He further submits that petitioner is in custody since 01.03.2025 having two criminal antecedent.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR and impugned order dated 05.06.2025, it appears that though there is recovery of one loaded country made pistol and two live cartridge but there is no any independent witnesses to the seizure list and it is not clear that the alleged occurrence is of day or night. So, considering the aforesaid facts and circumstances of the case and submissions made on behalf of the learned counsel for the petitioner, let the above named petitioner 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 learned Chief Judicial Magistrate, Khagaria in connection with Gogri P.S Case No. 51 of 2025 subject to the condition that petitioner shall remain physically present on each and every date fixed by the Trial Court till the conclusion of the trial. (Ramesh Chand Malviya, J) Sunnykr/- U