← Library
Patna High CourtCR. MISC./75145/2025allowed

Satish Mandal @ Baba @ Raju Bhuiyan v. The State Of Bihar

2025-12-24Mr. Justice Alok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75145 of 2025 Arising Out of PS. Case No.-72 Year-2025 Thana- GURUA District- Gaya ====================================================== Satish Mandal @ Baba @ Raju Bhuiyan Son of Mannu Mandal @ Manu Bhuiyan @ Karu Mandal @ Karu Bhuiyan R/o Village - Patthalkati, P.S. - Sherghati, Dist. - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Paras Nath, Advocate For the Opposite Party/s :

Mr. Nand Kishore Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 24-12-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Gurua P.S. Case No. 72 of 2025 registered for the offences punishable under Sections 310(4), 310(5), 111(1) of BNS read with Sections 25(1-B),a, 26 and 35 of the Arms Act.

3. As per prosecution case, one live cartridge and Rs. 700/- (in cash) was recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that petitioner is in custody since 19.02.2025. He further submits that though in the case diary, petitioner is shown to be accused in thirteen cases but in fact petitioner bears criminal antecedent of

Patna High Court CR. MISC. No.75145 of 2025(2) dt.24-12-2025 2/3 seven cases in which in one case, he is on bail and in other six cases he has been remanded later on after apprehending in the present case. He further submits that rest six cases have wrongly mentioned in the case diary and petitioner has not been made accused in said cases. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Petitioner is quite innocent and has committed no offence as alleged in the FIR. He further submits that petitioner has been roped in one case after another in a routine manner on the basis of suspicion without having any substance. He further submits that though recovery has been shown but petitioner has nothing to do with the alleged recovery.

5. The learned A.P.P. for the State opposes the prayer for bail of the petitioner by submitting that petitioner is FIR named accused person. Hence, petitioner cannot escape from the allegation made in FIR.

6. Considering the facts and circumstances of the case, period of custody, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of

Patna High Court CR. MISC. No.75145 of 2025(2) dt.24-12-2025 3/3 the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Sherghati, Gaya in connection with Gurua P.S. Case No. 72 of 2025, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) 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.

(iv) Petitioner shall furnish mobile number at the time of furnishing bail bond and the said mobile number shall continue in operating condition till disposal of the case and he shall get his presence marked before the officer-in-charge of the concerned police station on the first Tuesday of every month. (Alok Kumar Pandey, J) alok/- U T