Bhola Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30106 of 2016 Arising Out of PS.Case No. -91 Year- 2016 Thana -NATHNAGAR District- BHAGALPUR ====================================================== Mithilesh Kumar @ Mikhru @ Mithilesh Mandal @ Makhru son of Chandradeo Mandal Resident of village - Pannuchak, P.S. Ghogha , District- Bhagalpur .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.36313 of 2016 Arising Out of PS.Case No. -91 Year- 2016 Thana -NATHNAGAR District- BHAGALPUR ====================================================== Bhola Mandal S/o Late Parsadi Mandal R/o Village- Pannu Chak, P.S.- Kahal gaon, District- Bhagalpur.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-09-2016 Since both cases arise out of Nathnagar P. S. Case no. 91 of 2016, they have been heard together and are being disposed of by this common order.
The petitioners seek bail in a case instituted under Sections 25 (1 AA), (1-b) a, 26 and 35 of the Arms Act. Allegation is that while checking vehicles on road by the informant, being police personnel, petitioners coming on a motorcycle were stopped and on search arms were recovered from them without valid documents.
It has been submitted on behalf of the petitioners that they are in custody since 14.3.2016. Chargesheet has been
Patna High Court Cr.Misc. No.30106 of 2016 (3) dt.06-09-2016 2/2 submitted against the petitioners. No allegation of tampering of witnesses is alleged against the petitioners. It is alleged that from the possession of petitioner, namely, Mithilesh Kumar, one live cartridge is said to have been recovered and from the possession of petitioner, namely, Bhola Mandal, one country made double barrel gun along with 48 cartridges is said to have been recovered. Petitioners have remained in custody for about six months. There is no compliance of Section 100 Cr. P.C.
On behalf of the State, it is submitted that petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the above named petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-I, Bhagalpur, in connection with Nathnagar P.S. Case no. 91 of 2016.
(Sudhir Singh, J) sudip/- U T