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Dipak Kumar Mandal Alias Dipak Mandal v. the State of Jharkhand

Jharkhand HC4 Mar 2024B.A./534/2024

Case brief

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What is this about?

Bail application under Sections 25(1b)a/26 of the Arms Act arising from recovery of a country-made pistol from a co-accused; petitioner named via co-accused's confession and in custody since 13.10.2023. Court granted bail on furnishing bond of Rs.20,000 with two sureties.

What did the court decide?

Petitioner released on bail on furnishing bond of Rs.20,000 with two sureties of like amount to the satisfaction of the SDJM, Rajmahal.

Dipak Kumar Mandal Alias Dipak Mandal Vs the State of… — Bail and Remand | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 534 of 2024

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Dipak Kumar Mandal @ Dipak Mandal @ Deepak Mandal

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… Petitioner

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- Versus - The State of Jharkhand ... … Opposite Party

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CORAM: - HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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For the Petitioner : Mr. Gautam Kumar, Advocate For the State : Mr. Shree Prakash Jha, A.P.P. ---

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04/04.03.2024

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Heard the parties.

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The petitioner has been made accused in connection with Rajmahal P.S. Case No.237 of 2021, for the offences registered under Sections 25(1b)a/26 of the Arms Act, pending in the court of learned Sub Divisional Judicial Magistrate, Rajmahal.

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As per prosecution case, one co-accused namely Ajay Kumar was arrested on 15.10.2021 at about 17.05 hours and from his house, a country made pistol loaded with live cartridge was recovered from the possession of co-accused Ajay Kumar.

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Learned counsel for the petitioner has submitted that petitioner is innocent and has committed no offence at all, rather his name has surfaced on the basis of confessional statement of co- accused namely Ajay Kumar. It was disclosed by the apprehended accused that he along with present petitioner and other accused persons are involved in illegal trade of Arms and Ammunitions.

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Learned counsel for the petitioner has submitted that petitioner has been falsely implicated in this case and there is general and omnibus allegation against him. Petitioner is in custody since 13.10.2023.

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Learned counsel for the petitioner has further submitted that similarly situated co-accused person has been granted bail by this Court in B.A. No.5798/2022.

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Learned A.P.P appearing on behalf of State has opposed the prayer for bail of the petitioner and submitted that there are sufficient materials against the petitioner showing his involvement in the present case, hence he does not deserve bail.

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-2-

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Considering the aforesaid fact, I am inclined to release the petitioner, on bail. Accordingly, the petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.20,000/-(Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of learned Sub Divisional Judicial Magistrate, Rajmahal, in connection with Rajmahal P.S. Case No.237 of 2021.

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(Pradeep Kumar Srivastava, J.)

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BS-Jay/-

Dipak Kumar Mandal Alias Dipak Mandal v. the State of Jharkhand

Case brief

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What did the court decide?

Dipak Kumar Mandal Alias Dipak Mandal v. the State of Jharkhand

Case brief

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