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Patna High CourtCR. MISC./5010/2025bail granted

Manoranjan Kumar @ Gadasi v. The State Of Bihar

2025-02-12Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5010 of 2025 Arising Out of PS. Case No.-261 Year-2024 Thana- THAWE District- Gopalganj ====================================================== Manoranjan Kumar @ Gadasi S/O Sri Nagendra Singh @ Nagendra Singh Resident of village- Jagdishpur, Police station- Thawe, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Mili Kumari, Advocate For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 12-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In this present case, the petitioner seeks bail in connection with Thawe P.S. Case No. 261 of 2024 registered for the offences under Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. As per prosecution case, police received secret information about three miscreants riding a motorcycle and intending to commit some crime. The motorcycle was intercepted and two persons fled away from the spot and this petitioner was apprehended from the spot and recovery of one country made pistol with three live cartridges in magazine were made from this petitioner. From the motorcycle two country made katta were recovered along with three live cartridges.

Patna High Court CR. MISC. No.5010 of 2025(2) dt.12-02-2025 2/3

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. No occurrence as alleged has ever taken place. The family of the petitioner is having dispute with one Munnilal Singh and the police is in cohort with Munnilal Singh and implicated the petitioner in this false case. Nothing incriminating has been recovered from the person or possession of this petitioner. Learned counsel further submits that the police took away the mother, sister and this petitioner to the police station and demanded money from them and when they refused to meet the demand, the mother and sister were released but this petitioner was falsely implicated in this case. Even the motorcycle was taken away by the police from the house of the petitioner. The petitioner is accused in two cases and he is on bail in both the cases. Petitioner is in custody since 04.10.2024 and charge-sheet has been submitted.

5. Learned A.P.P. opposes the submission made on behalf of the petitioner. Learned APP submits that three firearms along with live cartridges were recovered from the possession of this petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the

Patna High Court CR. MISC. No.5010 of 2025(2) dt.12-02-2025 3/3 period of custody of the petitioner coupled with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned C.J.M., Gopalganj/concerned court in connection with Thawe P.S. Case No. 261 of 2024, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on 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) balmukund/- U T