Patna High CourtCR. MISC./80191/2023allowed

Amit Mandal @ Amit Kumar Mandal v. The State Of Bihar

2023-12-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80191 of 2023 Arising Out of PS. Case No.-102 Year-2023 Thana- ANDHRATHARHI District- Madhubani ====================================================== 1.

Amit Mandal @ Amit Kumar Mandal S/O Arun Mandal R/O VillageAndhra, P.S- Andhrathadhi, Distt.- Madhubani. 2.

Rahul Paswan S/O Rajendra Paswan R/O Village- Andhra, P.SAndhrathadhi, Distt.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-12-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for grant of bail in connection with Andhrathadhi P.S. Case No. 102 of 2023 registered under sections 414 of the Indian Penal Code and Section 25(1-b)a of the Arms Act.

Prosecution case relates to recovery of one country made pistol each from the possession of both the petitioners. Learned counsel for the petitioners submits that the petitioner are innocent and have committed no offence. They have falsely been implicated in this case. They have no concern with the seized weapon. Moreover, they are languishing in

Patna High Court CR. MISC. No.80191 of 2023(2) dt.14-12-2023 2/2 judicial custody since 03.08.2023.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of this case as well as the custody of the petitioners, the Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail after framing of charge if the charge is not framed in connection with Andhratharhi P.S. Case No. 102 of 2023 on each of them furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Jhanjharpur, Madhubani.

(Sunil Kumar Panwar, J) subham/- U