Sarvin Mandal @ Sarbin Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83933 of 2023 Arising Out of PS. Case No.-154 Year-2023 Thana- BARIYARPUR District- Munger ====================================================== Sarvin Mandal @ Sarbin Mandal S/O Jhaksu Mandal @ Zaksu Mandal R/O Village- Bajrangabali Nagar, P.S- Narayan Nagar, Distt.- Munger. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra For the Opposite Party/s :

Mr. Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 25(1-b), 26(i)(ii), 35 of the Indian Penal Code.

3. According to prosecution case, it a case of recovery of four country made pistol along with four cartridges from possession of co-accused Raj Kumar and Sohan Kumar who disclosed the name of the petitioner that they purchased the arms from him.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has got no criminal antecedent. He has no concern with the seized arms or with the

Patna High Court CR. MISC. No.83933 of 2023(2) dt.05-01-2024 2/2 co-accused persons. Neither he was arrested on spot nor any incriminating material has been recovered from his conscious possession. His name was disclosed by apprehended co-accused persons. It is further submitted that the petitioner is languishing in judicial custody since 26.8.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Considering the facts and circumstances of the case as well as custody period of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail after framing of charge, if not framed in connection with Bariyarpur P.S. Case No. 154 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Munger.

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