Manoj Kumar Pathak @ Manish Baba @ Baba v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14961 of 2019 Arising Out of PS. Case No.-233 Year-2018 Thana- PARSA District- Saran ====================================================== MANOJ KUMAR PATHAK @ MANISH BABA @ BABA S/o Nageshwar Pathak R/o Village- Umwan Sarangpur, P.S.- Panapur, District- Saran. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anjani Parashar, Adv.
For the Opposite Party/s :
Mr.Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-03-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is languishing in custody since 13.12.2018 in a case registered for the offences punishable under Sections 25(1-B)a, 26 of the Arms Act.
It is alleged that from the possession of the petitioner, one loaded country made pistol was recovered. It is submitted by learned counsel for the petitioner that the petitioner has maliciously been framed in the present case. It is further submitted that the investigation has already been concluded and the petitioner is accused in one other case.
Patna High Court CR. MISC. No.14961 of 2019(2) dt.12-03-2019 2/2 Learned APP for the State submits that the recovery has been made from the conscious physical possession of the petitioner.
Considering the nature of recovery, the period under custody and the investigation being already concluded, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-XIII, Saran at Chapra in connection with Parsa P.S. Case No. 233 of 2018.
(Dinesh Kumar Singh, J) Ashwini/- U T