Sintu Mandal @ Santosh Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.122 of 2023 Arising Out of PS. Case No.-280 Year-2022 Thana- GOPALPUR District- Bhagalpur ====================================================== Sintu Mandal @ Santosh Mandal Son Of Late Shri Prakash Mandal @ Prakash Mandal R/V- Gyanidas Tola, P.S.- Gopalpur (Rangra O.P.), DistrictBhagalpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Dilip Kumar For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-03-2023 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 25(1-B),a, 26,35 of Arms Act.

It is a case of recovery of one country made pistol loaded with three cartridges from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has

Patna High Court CR. MISC. No.122 of 2023(2) dt.24-03-2023 2/3 falsely been implicated in the present case. There is no independent witness of the alleged recovery. It is also submitted that petitioner was arrested merely due to the reason that he has not fulfilled the illegal demands of the police personnel and hence the police has planted the aforesaid firearm showing recovery of firearm from the possession of the petitioner. It is also submitted that petitioner is languishing in judicial custody since 10.06.2022.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Gopalpur (Rangra) P.S. Case No. 280 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.122 of 2023(2) dt.24-03-2023 3/3 amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 3rd, Naugachia, Bhagalpur. (Sunil Kumar Panwar, J) nirajkrs/- U T