Bindeshwari Mandal v. The State Of Bihar

Patna High Court Cr.Misc. No.55759 of 2016 (2) dt.11-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55759 of 2016 Arising Out of PS.Case No. -148 Year- 2016 Thana -ARWAL District- JEHANABAD ====================================================== Bindeshwari Mandal, Son of Baleshwar Yadav, Resident of Village Gaopochak, P.S. Shakurbad, Distt.- Jehanabad. ... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Birendra Kumar For the Opposite Party/s : Mr. Sri Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-01-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Arwal P.S. Case No. 148 of 2016 registered for the offences punishable under Sections 25(1-b)a, 26/35 of the Arms Act.

Allegedly, the petitioner and other co-accused were apprehended when they were going with Bolero vehicle to commit crime and after search, from possession of the petitioner, one pistol with magazine and mobile were recovered. Submission is of false implication and that the vehicle was not of the petitioner rather that was of Premchand Kumar, the petitioner has been made victim of circumstances, the petitioner is in custody since 15.08.2016 and now he has sufficiently been penalized.

Learned APP submits that the petitioner has got criminal

Patna High Court Cr.Misc. No.55759 of 2016 (2) dt.11-01-2017 antecedent as he was involved in Shakurabad P.S. Case No. 80 of 2014 registered under Sections 26 and 35 of the Arms Act. In the facts and circumstances stated above, the petitioner above named shall be released after completion of eight months custody from the date of his remand in this case on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Arwal in connection with Arwal P.S. Case No. 148 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T