Decided on March 22,2021

Ramchandra Mandal, S/O Banarsi Mandal Appellant
STATE OF BIHAR Respondents


BIRENDRA KUMAR, J. - (1.) A brief backdrop of the case, leading to this application under Section 397 read with Section 401 of the Code of Criminal Procedure, is that the Station House Officer of Naya Ram Nagar Police Station, on the basis of his self statement, registered Naya Ram Nagar P.S. Case No. 93 of 2012 on 26.07.2012 for offences under Section 414 of the Indian Penal Code, Sections 10/13 of the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as the "UAP Act") and Sections 25(1-AA)/(1-AAA), 26(2) and 35 of the Arms Act, 1959.
(2.) According to the prosecution case, accused Kundan Mandal and other named persons were reported to be moving in the area to supply arms and explosives to the Nuxals. After making an entry in the station diary, the informant along with the police team proceeded towards NH-80. Near Sweta Bengal Sweets, the police put an ambush and noticed that a vehicle was entering in the lane by the side of the aforesaid Sweets shop. Looking at the police party, three persons from the vehicle started fleeing and managed their escape. One of them was identified as Kundan Mandal. One Dilip Kumar Sah and Vishal Kumar were arrested by the police and they disclosed that Kundan Mandal, Kundan Jha and another Vikash Kumar, son of Kailash Tanti were the persons, who fled away. Nothing was recovered from the physical possession of the arrested persons. However, from the vehicle, a pistol along with other accessories were recovered for which the arrested accused could not show any paper. Besides that some Nuxal literature were also seized from the vehicle and the arrested persons disclosed that they used to supply arms to the Nuxals.
(3.) A seizure of the seized vehicle on which the accused persons were travelling, the firearm and its accessories and Nuxal literature was made. On the same day i.e. 26.07.2012, the house of Kundan Mandal was searched from where laptop, cash, ATM cards, Pan cards, 34 deposit bonds in Sahara India Family, Pass Book of bank accounts in Punjab National Bank and other banks including Gramin Bank were seized. On 26.08.2012, a third seizure was made in respect of the tractor from the house of Kundan Mandal.;

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