Mannu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13320 of 2023 Arising Out of PS. Case No.-273 Year-2022 Thana- ATHMALGOLA District- Patna ====================================================== MANNU KUMAR Son of Jagdev Kumar @ Jagdev Rai Resident of village - Makdumpur, P.S.- Athmalgola, Dist.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gajendra Kumar Singh :

Mr. Nabin Kumar For the Opposite Party/s :

Mr. Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 25(1-b)a, 26, 35 of the Arms Act.

The prosecution case, in brief, is that the informant along with police personnel reached near Bridge Four Lane and arrested the petitioner along with co-accused. Upon search, five live cartridges and one mobile are recovered from possession of this petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no

Patna High Court CR. MISC. No.13320 of 2023(2) dt.25-04-2023 2/2 concern with the alleged arms which was seized by the police and so far as seized mobile is concerned, the same belongs to this petitioner. It is further submitted that the seizure list witness are police official not a single independent witness which violates the provision of Cr.P.C. Moreover, the petitioner is languishing in judicial custody since 25.9.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Athmalgola P.S. Case No. 273 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Barh, Patna. (Sunil Kumar Panwar, J) Amandeep/- U