Mantu Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 69242 of 2024 Arising Out of PS. Case No.-169 Year-2024 Thana- CHAUSA District- Madhepura ====================================================== Mantu Mandal son of Gholi Mandal @ Ghauli Mandal Resident of VillageGoria Tola, Ghusakpur, Ward No 14, PS- Chousa District -Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-11-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Chousa P.S. Case No. 169 of 2024 instituted for the offences under Sections 25(1-b)a, 26 Arms Act and Section 37(b), (c) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that one country made pistol and 4 live cartridges was recovered from the house. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that petitioner were making nuisance in public after being

Patna High Court CR. MISC. No. 69242 of 2024(3) dt.13-11-2024 2/2 drunken state. The petitioner is in custody since 25.07.2024 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Chousa P.S. Case No. 169 of 2024.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T