On a bail application in an Arms Act case, the High Court dismissed objections regarding lack of report preparation and ruled that the petitioner should be released on bail upon furnishing a bond with sureties, noting no evidence of tampering.
Released on bail on a bond of Rs. 10,000 with two sureties on the same amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3264 of 2022
Arising Out of PS. Case No.-164 Year-2019 Thana- KALUAHI District- Madhubani
======================================================
SONU MANDAL Son of Ashok Mandal R/V- Balua Tol (Jaynagar), P.S. - Jaynagar, District - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar BIhar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar For the Opposite Party/s : Mr.Manoj Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
3 21-07-2022 Let the defect(s), as pointed out by the office, be
removed within a period of four weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Kaluahi P.S. Case No. 164 of 2019 registered for the offences punishable under Sections 25(1-b)A/26/35 Arms Act.
As per prosecution case, two pistol and one live cartridge was recovered besides other articles and present petitioner alongwith other has been made accused in this case.
Learned counsel for the petitioner submits that petitioner is in custody since 02.01.2020. Petitioner bears criminal antecedent of one case. Charge sheet has already been submitted in the case and there is no likelihood of tampering
Patna High Court CR. MISC. No.3264 of 2022(3) dt.21-07-2022 2/3
with the prosecution evidence. Learned counsel further submits that there is no compliance of Section 100 Cr.P.C. Petitioner has remained in custody for more than 2 years. Learned counsel further submits that petitioner has no concern with the aforesaid occurrence and he has falsely been implicated in the present case. Nothing incriminating has been recovered from the possession of the petitioner as alleged in the F.I.R. Learned counsel further submits that co-accused on similar accusation has already been granted bail vide Cr. Misc. No. 32501 of 2020 by the co-ordinate bench.
The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.
Considering the facts and circumstances of the case as well as period of custody, nature of allegation, charge-sheet has already been submitted and there is no likelihood of tampering with the prosecution evidence, and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Madhubani in connection with Kaluahi P.S. Case No. 164 of 2019, subject to following conditions:-
Patna High Court CR. MISC. No.3264 of 2022(3) dt.21-07-2022 3/3
(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission would be a ground for cancellation of bail by the learned Trial court itself.
(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Alok Kumar Pandey, J)
amitkr/-
2 issues framed by the court
Whether the petitioner is entitled to bail in the Arms Act case after prolonged custody and submission of charge sheet.
Whether there is a likelihood of tampering with prosecution evidence justifying bail denial.
2 provisions across 2 enactments
Sonu Mandal
The State of Bihar
Alok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
