IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20215 of 2010 KUNDAN KUMAR MANDAL son of Shri Ram Chandra Mandal, Resident of village Muzaffarganj, P.S. H. Kharagrpur, Dist. Munger. .....Petitoner. Versus STATE OF BIHAR O.P. -----------
For the petitioner : Mr. Anil Kumar Roy, Advocate
For the State : Mr. Dinesh Singh, A.P.P.
2 15.6.2010 Heard the parties.
In a criminal prosecution for offences under sections 25 (1-B)
(a)/26/35 of the Arms Act, the petitioner is named in the FIR as an accused.
There is allegation of recovery of one country made pistol and one live
cartridge and also one mobile set from the possession of the petitioner.
It is submitted by the learned counsel for the petitioner that he
is in judicial custody since 9.12.2009 and the entire prosecution case is a
result of transplantation on certain extraneous consideration.
Be that as it may, in view of period of incarceration, the above
named petitioner shall be enlarged on bail on furnishing bail bond of Rs.
10,000/- (ten thousand) with two sureties of like amount each to the
satisfaction of C.J.M., Munger in connection with Jamalpur P.S. case No.
129 of 2009, subject to the conditions.
(a) That one of the bailors must be govt. servant or close family
member of the petitioner, who will file an affidavit in the court below
showing his/her relationship with the petitioner.
(b) If the petitioner is found involved in same and similar nature
of cases in future, then in that case the informant/prosecution shall be at
liberty to file a petition for cancellation of the bail of the petitioner, and if
such a petition is filed, the court below would be obliged to dispose of the
same in accordance with law after giving opportunity of hearing to all
( Birendra Prasad Verma, J. )