Shambhu Kumar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85624 of 2023 Arising Out of PS. Case No.-275 Year-2023 Thana- SAUR BAZAR District- Saharsa ====================================================== Shambhu Kumar Mandal SON OF LATE BRAHMDEV MANDAL RESIDENT OF VILLAGE - PAMA BASA TOLA, P.S.-SOUR BAZAR, DISTRICT- SAHARSA ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The State Of Bihar PATNA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Uday Chand Prasad For the Opposite Party/s :
Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-01-2024 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 section 25(1b)a, 25(1-A), 25(1-AA), 25(1-a), 26, 35 of the Arms Act.
3. As per FIR, the petitioner was apprehended on the spot while he along with other was assembled. On search four pieces semi indigenous pistols, semi made iron, grinder and other articles were recovered.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The petitioner works as a labour in the
Patna High Court CR. MISC. No.85624 of 2023(2) dt.15-01-2024 2/2 house of co-accused and he has no concern with the place of recovery. He has falsely been implicated in this present case merely on the basis suspicion. The petitioner has no concern with the alleged recovery rather he has been made accused in this case due to high handedness of the police officials. It is further submitted that the petitioner is anguishing in judicial custody since 29.05.2023.
5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sour Bazar P.S. Case No. 275 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-Ist Class, Saharsa. (Sunil Kumar Panwar, J) manishkumar/- U T