Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5745 of 2022 Arising Out of PS. Case No.-331 Year-2021 Thana- SIKARPUR District- West Champaran ====================================================== Manish Kumar, Son of Rameshwar Sahani, R/O Village- Purani Bazar, Ward No.-3, P.S.- Shikarpur, District- West Champaran at Bettiah ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar, Advocate For the Opposite Party/s :

Mr.Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 13-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks from today. In the present case, the petitioner seeks bail in connection with Shikarpur P.S. Case No. 331 of 2021 registered for the alleged offences under Section 284 of the Indian Penal Code and Section 25 (1-b)A/26/35 of the Arms Act. The prosecution case is that on secret information, the police apprehended the petitioner and the co-accused. From the possession of the petitioner, a country made pistol with live cartridge, 20 pink colour tablets and mobile phone were recovered.

It has been submitted by the learned counsel for the

Patna High Court CR. MISC. No.5745 of 2022(2) dt.13-06-2022 2/3 petitioner that the petitioner has been falsely implicated in the present case at the instance of the informant of Shikarpur P.S. Case No.327/2021. Nothing has been recovered from the possession of the petitioner and he has got no concern with the seized articles. The petitioner is in custody since 09.07.2021. Learned APP has opposed the prayer for bail, submitting that the petitioner has been arrested with a country made pistol and a live cartridge and is having criminal antecedent.

Having regard to the submission made hereinabove and considering the period of custody, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Shikarpur P.S. Case No.331 of 2021, subject to the following conditions :

(i) The bail bond of the petitioner will be accepted only after framing of charge, if not already framed.

(ii) One of the bailors will be a close relative of the petitioner, preferably one of the parents.

Patna High Court CR. MISC. No.5745 of 2022(2) dt.13-06-2022 3/3 (iii) The petitioner will remain present on each and every date fixed by the court below.

(iv) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned (Arun Kumar Jha, J) V.K.Pandey/- U T