Petitioners sought regular bail in connection with offences under IPC and Arms Act. The court granted bail upon consideration of co-accused release status, charge sheet submission, and lack of criminal antecedents.
The petitioners be released on bail on furnishing bonds of Rs. 25,000/- each with two sureties of the like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51717 of 2021
Arising Out of PS. Case No.-23 Year-2021 Thana- ANDHRAMATH District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Srinandan Prasad Singh Ms.Prakritita Sharma For the Opposite Party/s : Mr.Pawan Kumar Chaurasia ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 15-04-2022 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners seek regular bail in connection with Andhramath Police Station Case No. 23 of 2021, registered for the offences punishable under Sections 399/401/402/414/34 of the Indian Penal Code and Sections 25 (1-b)a/26/35 of the Arms Act.
The prosecution case, as per the First Information Report, is that police got secret information that some accused persons has assembled in the house of petitioner Krishdeo Mandal and were planning to commit crime, raided the house of the petitioner Krishdeo Mandal and recovered one country-
Patna High Court CR. MISC. No.51717 of 2021(2) dt.15-04-2022 2/3
made pistol from the possession of petitioner Krishnadeo Mandal and one loaded country-made pistol from the possession of the petitioner Rahul Kumar Mandal. The police also recovered two stolen motorcycles parked near the house of the petitioner Krishnadeo Mandal.
Learned Counsel for the petitioners submits that the petitioners have not committed any offence in the manner alleged and they have falsely been in this case merely by the police with oblique motive. He further submits that the petitioners were not aware about the stolen motorcycles being parked near the house of petitioner Krishnadeo Mandal and the same has not been recovered from inside the house of the petitioner Krishnadeo Mandal. He further submits that coaccused Deepak Kumar has been granted bail by this Court vide order, dated 08.04.2020, passed in Criminal Misc. No. 51582 of 2021. He further submits that the petitioners are in custody since 03.03.2021, having no criminal antecedent and charge sheet has been submitted against them and as such there is no likelihood that the petitioners will abscond and/or tamper with the evidence.
Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the
Patna High Court CR. MISC. No.51717 of 2021(2) dt.15-04-2022 3/3
materials available on record and the fact that co-accused person has been granted bail by this Court, charge sheet has already been submitted and the petitioners are in custody since 03.03.2021, having no criminal antecedent, I am inclined to grant regular bail to the petitioners.
This application is, accordingly, allowed.
Let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Jhanjharpur, Madhubani, in connection with Andhramath Police Station Case No. 23 of 2021.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
U √ T √
1 issue framed by the court
Whether the petitioners are entitled to regular bail in the present criminal proceedings.
2 provisions across 2 enactments
Krishnadeo Mandal
Rahul Kumar Mandal
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
