Mangal Singh vs State Of Bihar

Ahsanuddin Amanullah, J

The matter has been heard via video conferencing due to lockdown imposed on account of the COVID-19 pandemic.

Heard Mr. Avinash Kumar Singh, learned counsel for the petitioner and Ms. Asha Kumari, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.

The petitioner is in custody in connection with Alipur P.S. Case No.19 of 2019 dated 25.03.2019 instituted under Sections 414, 307 Indian Penal Code and 25(1-b)a, 26 and 35 of the Arms Act.

The allegation against the petitioner is that from his possession one loaded countrymade pistol was recovered.

Learned counsel for the petitioner submitted that the petitioner was made accused in Alipur P.S. Case No.18 of 2019, whereas, the present case is 19 of 2019 of the same Police Station, and the allegation is that when the police went to his place, the petitioner was caught with a loaded countrymade pistol along with another person and they disclosed that their accomplice, Amlendu Singh, had gone to his place and when he was caught with fire arms, he tried to fire on the police party, but was overpowered and arrested. Learned counsel submitted that the allegation of firing is not against the petitioner and further, that prior to Alipur P.S. Case No.18 of 2019, there was no other case against him and only after his arrest in the present case, he has been remanded in three other cases only on suspicion. Learned counsel submitted that the petitioner is in custody since 26.03.2019.

Learned APP submitted that the petitioner has criminal antecedent. However, she could not controvert the fact that the petitioner is not alleged to have made any firing on the police party.

Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bond of Rs.25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-III, Gaya, in Alipur P.S. Case No.19 of 2019, subject to the conditions, (i) that one of the bailors shall be a close relative of the petitioner, (ii) that the petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner, and (iii) that the petitioner shall also give an undertaking to the Court that he shall not indulge in any criminal activity. Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of his bail bonds. The petitioner shall cooperate in the case and be present before the Court on each and every date. Failure to cooperate or being absent on two consecutive dates, without sufficient cause, shall also lead to cancellation of his bail bonds.

The application stands disposed off in the aforementioned terms.