Patna High CourtCR. MISC./25175/2016bail granted

Jitan Manjhi v. The State Of Bihar

2016-08-09Mr. Justice Sudhir Singh2 pages

Patna High Court Cr.Misc. No.25175 of 2016 (4) dt.09-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25175 of 2016 Arising Out of PS.Case No. -5 Year- 2016 Thana -GARKHA District- SARAN ====================================================== Jitan Manjhi Son of Parma Manjhi resident of village - Mubarkpur, P.S. Garkha, District - Saran .... .... Petitioner

Versus

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

For the Petitioner : Mr. Rajesh Kumar, Advocate For the Opposite Party : Mr. Pradip Narayan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody in connection with Garakha P.S.Case No.5 of 2016 registered for an offence under Sections 25(1-b)a, 26 and 35 of the Arms Act and Section 17 of the CLA Act and Sections 10, 13, 16, 17, 18 and 20 of the UAPA Act. As per the prosecution case, five persons including the petitioner were caught in a room and firearms were recovered from the possession of the petitioner.

Learned counsel for the petitioner submits that the petitioner is in custody since 06.01.2016. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the case. From the possession of the

Patna High Court Cr.Misc. No.25175 of 2016 (4) dt.09-08-2016 petitioner, one country made loaded pistol along with three live cartridges are alleged to have been recovered. No compliance of Section 100 of the Cr.P.C. has been followed. The other coaccused persons have been granted bail by this Court vide Cr.Misc.No.12168 of 2016, Cr.Misc.No.16623 of 2016 and 21994 of 2016.

On behalf of the State, it is submitted that the petitioner is named in the FIR.

Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of ACJM-V- Chapra at Saran in connection with Garkha P.S.Case No.05 of 2016. (Sudhir Singh, J) B.Kr./- U T