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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37099 of 2018 Arising Out of PS. Case No.-6 Year-2018 Thana- PIRI BAZAR District- Lakhisarai ====================================================== Sunil Kumar Mandal @ Sunil Mandal S/o Devendra Mandal, R/o Vill.- Bariarpur, P.S.- Piri Bazar, District- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh 1 (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-06-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Piri Bazar P.S. Case No. 06 of 2018 registered under Section 25(1b)A/26(1)/35 Arms Act and under Sections 16/17/18/20 & 23 of U.A.P.A. Act.

Allegedly, after seeing the police personnel three persons started fleeing away, after chase they were caught and after search nothing was recovered from possession of petitioner, the petitioner and co-accused Dheeraj Kumar were sitting, from their four pamphlets of Maobadi Communist Party were recovered.

Submission is of false implication and that the

Patna High Court Cr.Misc. No.37099 of 2018(2) dt.29-06-2018 2/2 petitioner without any fault is suffering in custody since 01.02.2018. He has got no concerned with any maobadi organization, nothing has been recovered from his possession and, as such, the petitioner deserves sympathetic consideration. Learned A.P.P. submits that petitioner has got criminal antecedent.

In the facts and circumstances stated above, considering the detention of the petitioner, now he is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai, in connection with Piri Bazar P.S. Case No. 06 of 2018, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J.) Rajiv/- U T