Manoj Prasad @ Manoj Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14092 of 2024 Arising Out of PS. Case No.-560 Year-2023 Thana- JAKKANPUR District- Patna ====================================================== Manoj Prasad @ Manoj Ram Son of Mahavir Prasad @ Mahavir Ram R/o Chandpur Bela, Chamartoli, P.S.- Jakkanpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhirendra Prasad Sinha, Adv.

For the Opposite Party/s :

Mr.Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 04-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Jakkanpur P.S. Case No.560 of 2023 instituted for the offences punishable under Sections 25(1-b)a/26 of the Arms Act.

3. The prosecution case relates to recovery of one loaded country made pistol with one live cartridge from possession of the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He has falsely been implicated by the police due to his criminal antecedents. He has no concern with alleged arms which were seized by the police.

5. Learned APP for the State has vehemently opposed

Patna High Court CR. MISC. No.14092 of 2024(2) dt.04-03-2024 2/2 the prayer for bail.

6. From perusal of the F.I.R. and seizure list, it appears that one country made pistol with loaded cartridge recovered from the possession of the petitioner and petitioner is in custody since 18.09.2023. Considering the facts and circumstances of the case and submissions of learned counsel for the parties as well as period of custody of the petitioner, this Court is inclined to enlarge the petitioner on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional C.J.M.- VIII, Patna in connection with Jakkanpur P.S. Case No. 560 of 2023.

7. The trial Court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the petitioner shall be released on bail on above conditions and he shall be present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) lata/- U T