Manish Kumar @ Golu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 23155 of 2021 Arising Out of PS. Case No.-610 Year-2020 Thana- MAHUA District- Vaishali ====================================================== Manish Kumar @ Golu Son of Lalu Singh @ Rakesh Kumar Singh Resident of Village- Mukundpur Singhara, Police Station- Mahua, District- Vaishali. ... ... Petitioner.

Versus

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

For the Petitioner/s :

Mr. Anil Kumar For the Opposite Party/s :

Mr. Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-09-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Section 399, 402 and 414 of the Indian Penal Code and Section 25 (1-b)/26/35 of the Arms Act. Acting on a tip-off, when the informant along with the police force reached at the Fatuha bridge, after seeing the police party 5-6 persons started to flee out but any how two persons were apprehended and the petitioner is one of them. From the possession of the petitioner one motorcycle one country made pistol, two live cartridges and one Vivo mobile is said to have been recovered.

Patna High Court CR. MISC. No.23155 of 2021(2) dt.15-09-2021 2/2 It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. No incriminating article has been recovered from his conscious physical possession. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. As a matter of fact, no illegal arms has been recovered from the possession of the petitioner rather the same has been planted at the instance of his enemies in collusion with the police to make out a serious case against the petitioner. The petitioner has been languishing in custody since 22.10.2020.

Learned APP for the State opposed the bail petition.

Considering the facts aforesaid and the period of custody, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Mahua P.S. Case No.610 of 2020.

(Anjani Kumar Sharan, J) Trivedi/- U T