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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78412 of 2023 Arising Out of PS. Case No.-37 Year-2023 Thana- BALUA BAZAR District- Supaul ====================================================== Vijay Kumar Mandal @ Vijay Kumar Son Of Satya Narayan Mandal Resident Of Village- Itahari, Ward No. 2, Ps- Bhaptiyahi Dist- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Verma, Advocate For the State :

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Balua Bazar P.S. Case No. 37 of 2023 instituted for the offence under Section 414 of the Indian Penal Code and Section 25(1-b)a, 26, 35 of the Arms Act.

3.

As per prosecution case, on secret information police intercepted three persons, including the petitioner from which one motor cycle and mobile phones were recovered. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 07-05-2023. Petitioner bear two criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.78412 of 2023(2) dt.06-12-2023 2/2 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. In fact, petitioner has no concern with the recovered motor cycle, and mobile phone belongs to him. Seizure list is not in accordance with law.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and manner of recovery, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Balua Bazar P.S. Case No. 37 of 2023.

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