Patna High CourtCR. MISC./3451/2025bail granted

Manas Kumar v. The State Of Bihar

2025-05-15Mr. Justice Sourendra Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3451 of 2025 Arising Out of PS. Case No.-378 Year-2024 Thana- BUDDHACOLONY District- Patna ====================================================== Manas Kumar Son of Shushil Kumar Paswan Resident of Mohalla- North Mandiri, Near Indra Bal Vikash School, P.S.- Budha Colony, District- Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sadanand Paswan, Advocate For the Opposite Party/s :

Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 15-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Budha Colony P.S. Case No. 378/2024 registered for the offences under Sections 25(1-B)/a/26/35 of Arms Act

3. The prosecution case in nutshell is that during a check conducted by the police, the petitioner is said to have been apprehended and a loaded pistol along with five live cartridges were recovered from him and from another person namely Anand Raj, one loaded pistol along with six live cartridges were recovered.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case merely because he carries criminal antecedents of similar

Patna High Court CR. MISC. No.3451 of 2025(4) dt.15-05-2025 2/3 nature. Learned counsel further submits that no incriminating article was recovered from the conscious possession of the petitioner. Learned counsel further submits that there is no independent witness of the seizure list and only police personnel of the raiding team were present as witnesses of the said seizure. It is lastly submitted that the petitioner has two criminal antecedents and is languishing in custody since 16.08.2024.

5. Learned counsel for the State has opposed the prayer for bail of the petitioner and submits that the petitioner has criminal antecedents of similar nature.

6. Considering the aforesaid facts and circumstances of the case and taking into account that the petitioner is in judicial custody since 16.08.2024, let the petitioner abovenamed be enlarged 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 the learned J.M. FT.C., Patna in connection with Buddha Colony P.S. Case No. 378/2024 subject to the conditions :- a. One of the bailors of the petitioner shall be his close relative.

b. The petitioner shall remain physically present in Court on each date of the trial.

Patna High Court CR. MISC. No.3451 of 2025(4) dt.15-05-2025 3/3 c. In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to the cancelled by the court concerned.

d. The Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the aforementioned order shall not be delayed for purpose of or in the name of verification.

(Sourendra Pandey, J) tusharika/- U T