Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9433 of 2023 Arising Out of PS. Case No.-273 Year-2022 Thana- ATHMALGOLA District- Patna ====================================================== MANOJ KUMAR S/O LATE LAKHAN RAI Resident of VillageMakdumpur, P.S.- Athmal Gola, District- Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Mohan, Adv.

For the Opposite Party/s :

Mr.Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Athmal Gola (Barh), P.S. Case No. 273 of 2022 dated 24.09.2022 registered for the offences punishable u/s 25(1-b)a/26/35 of the Arms Act. As per the prosecution case, on seeing the police, two miscreants tried to flee away but they were apprehended by the police. On being asked, the apprehended persons disclosed their names as Manu Kumar and Manoj Kumar. On search, one loaded country made pistol, two live cartridges and three mobiles were recovered from the possession of the petitioner-Manoj Kumar and he told that he purchased this country made pistol and cartridge

Patna High Court CR. MISC. No.9433 of 2023(2) dt.03-05-2023 2/2 from co-accused Manu Kumar.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The co-accused person has already been granted bail by the Coordinate Bench vide order dated 25.04.2023 passed in Cr. Misc. No. 13320 of 2023. The petitioner has got one more criminal case other than the present case. The petitioner is in custody since 25.09.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Barh in connection with Athmal Gola P.S. Case No. 273 of 2022. The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T