Manish Ray @ Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19499 of 2024 Arising Out of PS. Case No.-294 Year-2023 Thana- KALYANPUR District- East Champaran ====================================================== Manish Ray @ Manish Kumar Son Of Bhola Patel Resident Of Village - Bishunpura, P.S. - Kesariya, District - East Champaran ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Ranjan, Advocate For the Opposite Party/s :
Mr.Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 08-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Kalyanpur P.S. Case No. 294 of 2023, lodged on 21.08.2023 under Sections 399, 402, 467, 468, 471 and 120B of the Indian Penal Code and Sections 25(1-B)a, 26/35 of the Arms Act.
3. As per the prosecution case, the FIR has been lodged against ten named accused persons, including the present petitioner. From the possession of the petitioner one loaded country made pistol along with two live cartridges have been recovered.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Moreover, the similarly situated co-accused Abhay Kushwaha @ Abhay
Patna High Court CR. MISC. No.19499 of 2024(3) dt.08-05-2024 2/2 Kumar has been granted bail vide order dated 20.02.2024 passed in Criminal Miscellaneous No. 8991 of 2024. The antecedent of the petitioner is clean and he is in custody since 21.08.2023.
5. Learned counsel for the State opposes the prayer for bail and submits that one loaded country made pistol along with two live cartridges have been recovered from the possession of the petitioner.
6. In the present facts and circumstances, I am not inclined to grant regular bail to the petitioner.
7. Accordingly, the prayer for regular bail of the petitioner in connection with Kalyanpur P.S. Case No. 294/2023, pending before the learned ACJM, 3rd, East Champaran at Motihari is hereby rejected.
8. However, the trial Court is directed to expedite the trial and preferably concluded the same within six months. If within the said period, the trial shall not be concluded, the petitioner would be at liberty to renew his prayer for bail. (Dr. Anshuman, J) Ashwini/- U T