Mannu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5100 of 2023 Arising Out of PS. Case No.-345 Year-2022 Thana- KUMAR KHAND District- Madhepura ====================================================== MANNU KUMAR Son of Raj Kishore Yadav Resident of Village - Lakshmipur Chandisthan, Ward No.- 02, P.S.- Kumarkhand, District - Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad, Adv.

For the Opposite Party/s :

Mr.H.A. Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 399 and 402 of the Indian Penal Code and Section 25(1-B)a, 26 and 35 of the Arms Act pending in the learned court below. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that one pistol was recovered from a car and after seeing the police one co-accused person sitting in the car fled away leaving the car. He submits that petitioner is made accused in the present case because he is the owner of the said car. He further submits that the petitioner has given the car

Patna High Court CR. MISC. No.5100 of 2023(2) dt.10-02-2023 2/2 to his colleague for personal use but he was not aware of the fact that the car was used for illegal activities. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances and the fact that petitioner is only made accused in this case because he is the owner of the car, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Kumarkhand P.S. Case No.345/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) ajay/- U T