Bal Sundar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6152 of 2016 Arising Out of PS.Case No. -308 Year- 2015 Thana -KHIJARSARAI District- GAYA ======================================================

1. Bal Sundar Manjhi Son of Dasain Manjhi, resident of village- Dema Tola Koeribigha Bhuintoli, P.S.- Khizar Sarai, District- Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Ganesh Prasad Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-02-2016 Petitioner is apprehending his arrest in a case registered for the offences punishable under Section 25(1B)a/26 of the Arms Act. From the house of the petitioner, one country made riffle was recovered.

It is submitted by learned counsel for the petitioner that the malicious prosecution is apparent from the fact that F.I.R was registered on 23.10.2015 but it reached to the Court of learned Additional Chief Judicial Magistrate on 26.10.2015 which suggests that by ante dating the F.I.R has been registered. Moreover none of the family members have been made the seizure list witness.

A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. The aforesaid facts constitute ground for

Patna High Court Cr.Misc. No.6152 of 2016 (2) dt.08-02-2016 2/2 consideration of prayer for regular bail, if the petitioner surrenders within a period of six weeks in connection with Khizer Sarai P.S. Case No. 308 of 2015, pending in the Court of learned Additional Chief Judicial Magistrate-III, Gaya. With the observations above, the application stands disposed off.

(Dinesh Kumar Singh, J) Shageer/- U T