Manjay Kumar @ Bantha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15625 of 2017 Arising Out of PS.Case No. -203 Year- 2016 Thana -SAHEBGANJ District- MUZAFFARPUR ====================================================== Manjay Kumar @ Bantha Son of Brijnandan Rai Resident of VillageChakmehsi, P.S. Maniyari, District- Muzaffarpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Jyotsna Rani Mishra, Advocate For the Opposite Party/s : Mr. Sri Braj Kishore Prasad, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 2.

12-04-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 13.09.2016 in connection with Trial No. 225/2017 arising out of Sahebganj P.S. Case No. 203 of 2016 registered for the offence punishable under Sections 25(1b)A, 26(ii), 35 of the Arms Act. The prosecution case is that the police on a secret tip off apprehended the petitioner along with one other near the Litchi orchard and from his possession one country made pistol with two live cartridges were recovered.

It has been submitted by the learned counsel for the petitioner that he is innocent and has falsely been

Patna High Court Cr.Misc. No.15625 of 2017 (2) dt.12-04-2017 implicated in this case. It has further been submitted that charge-sheet has already been submitted. Hence, there is no chance of tampering with the prosecution evidence. However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Muzaffarpur (West), in connection with Trial No. 225/2017 arising out of Sahebganj P.S. Case No. 203 of 2016, subject to the condition that one of the bailors must be a close relative and the other must have sufficient immovable property within the jurisdiction of the concerned police station.

(Nilu Agrawal, J.) Rajeev/- U T