Patna High CourtCR. MISC./1889/2023allowed

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

2023-04-05Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1889 of 2023 Arising Out of PS. Case No.-215 Year-2021 Thana- ALAMNAGAR District- Madhepura ====================================================== AJAY KUMAR @ AJAY KUMAR MANDAL SON OF RAJINDRA MANDAL R/O VILLAGE- SINDUWARI, WARD NO.16, P.S.- GWALPARA, DISTRICT- MADHEPURA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rupesh Kumar Mr. Rajnish Kumar For the Opposite Party/s :

Mr.Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 05-04-2023 Heard the learned counsel for the petitioner and learned APP for the State.

This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 399, l402 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arm Act, registered in connection with Alamnagar P.S.Case No. 215 of 2021.

As per allegation, one country-made pistol and a live cartridge was recovered from the possession of the petitioner. The learned counsel for the petitioner has submitted that the petitioner is in custody since 02.11.2021 an on similar footing co-accused Raju Yadav has been granted bail by a coordinate Bench of this Court in Cr.Misc.No.33780 of 2022. On the other hand, learned APP has opposed the prayer for bail.

Considering the above facts and circumstances, let the

Patna High Court CR. MISC. No.1889 of 2023(2) dt.05-04-2023 2/2 petitioner, above-named, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Sri Sumit Kumar, the learned J.M.F.C. Udakishunganj, Madhepura in connection with Alamnagar P.S.Case No. 215 of 2021, subject to the following conditions:-

1. The petitioner shall cooperate in the disposal of trial and make available available as and when required by the court.

2. If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) HR/- U T