Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2362 of 2019 Arising Out of PS. Case No.-172 Year-2018 Thana- NAUTAN District- Siwan ====================================================== Manish Kumar, S/o- Motilal Singh, Resident of Village- Hakam, P.S.- Siwan Muffasil, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Pandey For the Opposite Party/s :

Mr. Jagannath Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-01-2019 Mr. Jagannath Prasad, learned counsel submits that his name is appearing in the daily cause list in the column of learned counsel for the Opposite Party, but he submits that he is not appearing on behalf of the Opposite Party, hence office is directed to delete the name of Mr. Jagannath Prasad from the daily cause list.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 08.09.2018 in a case registered for the offences punishable under Sections 399, 402, 413 and 414 of the Indian Penal Code

Patna High Court Cr.Misc. No.2362 of 2019(2) dt.21-01-2019 2/3 and Sections 25(1-b)A, 26 and 35 of the Arms Act. The prosecution case is that on the secret information that some miscreants are trying to commit some serious offence, raid was laid near Devi Temple in the village Aungauta and five accused persons were apprehended from the place of occurrence. It is also alleged that arms, motorcycle and cash were recovered from the apprehended accused persons. It is further alleged that one mobile phone, one hundred fifty rupees and arms were recovered from the petitioner.

It is submitted by learned counsel from the petitioner that the petitioner has maliciously been roped in the present case. A statement has been made in paragraph no.3 of the petition that the petitioner is accused in three other cases being Siwan Muffasil P.S. Case No.282 of 2018, Goreakothi P.S. Case No.5 of 2018 and Pachrukhi P.S. Case No. 159 of 2018, but in all these cases he is on bail, but no specific statement to that effect has been made in the petition.

Learned APP for the State submits that the petitioner is named in the FIR.

Considering the nature of the accusation and the fact that there is no recovery from the petitioner, let the above named petitioner be released on bail, on furnishing bail bond of

Patna High Court Cr.Misc. No.2362 of 2019(2) dt.21-01-2019 3/3 Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-XII, Siwan in connection with Nautan P.S. Case No. 172 of 2018. (Dinesh Kumar Singh, J) Deepak/Rahul/- U T