Ajay Kumar Mandal @ Ajai Kumar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64653 of 2022 Arising Out of PS. Case No.-93 Year-2022 Thana- PHULPARAS District- Madhubani ====================================================== Ajay Kumar Mandal @ Ajai Kumar Mandal Son of Hare Narayan Mandal @ Hari Narayan Mandal Resident of Village- Murli, P.S.- Phulparas, DistrictMadhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Kumar Bharti, Advocate For the Opposite Party/s :
Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-03-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 399, 411, 414 of the I.P.C. and 25(1-b)a/ 26/ 35 of the Arms Act.
Recovery is of eight live cartridges and one mobile phone has been recovered from the possession of the petitioner. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that eight live cartridges and one mobile phone has been recovered from the possession of the petitioner. He further submits that nothing has been
Patna High Court CR. MISC. No.64653 of 2022(3) dt.15-03-2023 2/3 recovered from the conscious possession of the petitioner, rather the police has planted the same and shown the recovery from the possession of the petitioner. He further submits that there is non-compliance with mandatory procedure prescribed for recovery under Section 100 of Cr.P.C. He further submits that the police after investigation submitted the charge sheet against the petitioner. He further submits that similarly situated, coaccused, namely, Pappu Kumar @ Pappu Kumar Yadav has been granted bail by a co-ordinate Bench of this Court vide order dated 18.01.2023 passed in Cr. Misc. No. 58280 of 2022. The petitioner is in custody since 23.02.2022. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.
Considering the aforesaid facts and circumstances, 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 learned Court below where the case is pending in connection with Phulparas P.S. Case No.
1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present
Patna High Court CR. MISC. No.64653 of 2022(3) dt.15-03-2023 3/3 as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) mdrashid/alok U T