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Patna High CourtCR. MISC./75389/2022allowed

Gurudeo Mandal @ Sanoj Mandal @ Fufa v. The State Of Bihar

2023-06-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75389 of 2022 Arising Out of PS. Case No.-143 Year-2022 Thana- NAUGACHIA District- Bhagalpur ====================================================== Gurudeo Mandal @ Sanoj Mandal @ Fufa Son Of Sri Dashrath Mandal Resident Of Village- Harinkol, P.S.- Dhamdaha, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Anand For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 399, 402 of the Indian Penal Code and Sections 25(1-b)A, 26,35 of Arms Act.

As per FIR, It is a case of preparation of making offence and from the possession of apprehended co-accused persons, pistols, mobile phones, motorcycle and other articles were seized. Apprehended accused persons also disclosed the name of the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case only on the basis of his criminal antecedents. Neither the petitioner was arrested on spot nor any stolen

Patna High Court CR. MISC. No.75389 of 2022(5) dt.19-06-2023 2/2 material has been recovered from conscious possession of the petitioner. Moreover, similarly situated coo-accused person has already been granted bail by this Court vide order dated 17.1.2023 passed in Cr. Misc. No. 55534 of 2022. It is further submitted that the petitioner is languishing in judicial custody since 8.8.2022.

Learned APP appearing for the State has vehemently opposed the prayer for Bail and submitted that the petitioner has got seven criminal antecedents.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Naugachia P.S. Case No. 143 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.,1st, Naugachia, Bhagalpur.

(Sunil Kumar Panwar, J) Amandeep/- U T