Jayprakash Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78386 of 2023 Arising Out of PS. Case No.-217 Year-2023 Thana- PIPRA District- Supaul ====================================================== JAYPRAKASH MANDAL S/O UDAYKANT MANDAL VILLAGE- DUDHAILA, WARD NO. 8, PS. NIRMALI, DIST.SUPAUL ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Yadav For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 399, 402 and 414 of the IPC and Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. As per prosecution case, on receiving a secret information that one person kept illegal weapon and thereafter the police personnel reached at that place. Five accused persons including the petitioners were apprehended on spot and there has been recovery of one loaded country-made pistol, live cartrides. plastic rope, bamboo stick, iron knife and a saw blade etc. from the Scorpio vehicle.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has

Patna High Court CR. MISC. No.78386 of 2023(2) dt.06-12-2023 2/2 committed no offence. The petitioner has no concern with the alleged arms and cartridges, which were seized by the police. Only on the basis of suspicion, petitioner has implicated in the present case by the police. Further, it is submitted that the other co-accused namely, Md. Azam has already been granted bail by a Co-ordinate Bench vide order dated 19.10.2023 passed in Cr. Misc. No. 68621 of 2023. He is languishing in judicial custody since 24.06.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as the period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateVI, Supaul/concerned Court in connection with Pipra P.S. Case No. 217 of 2023.

(Sunil Kumar Panwar, J) sushma/- U