Patna High CourtCR. MISC./25734/2024bail granted

Manoj Kumar v. The State Of Bihar

2024-04-05Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25734 of 2024 Arising Out of PS. Case No.-664 Year-2023 Thana- SHEKHPURA District- Sheikhpura ====================================================== Manoj Kumar Son of Late Mishri Raut @ Mishri Rawat R/o Kashipuram, P.S.- Sheikhpura, Dist.- Sheikhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shambhu Sharan Kumar For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-04-2024 At the outset, learned counsel for the petitioner is permitted to make correction in para-3 of the bail petition.

2. Heard learned counsel for the petitioner and learned APP for the State.

3. The petitioner seeks bail in connection with Shekhpura P.S. Case No. 664 of 2023 instituted for the offences punishable under Sections 25(1-b)a and 26 of the Arms Act.

4. As per prosecution case, there has been recovery of one loaded country-made pistol and one empty cartridge from the possession of the petitioner.

5. Learned counsel for the petitioners submitted that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. The petitioner has no concern with the alleged arms and cartridges, which were

Patna High Court CR. MISC. No.25734 of 2024(2) dt.05-04-2024 2/2 seized by the police. Only on the basis of suspicion, petitioner has implicated in the present case by the police due to his criminal antecedent. The provision of Section 100 of the Cr.P.C. has not been followed in this case while preparing the seizure list. The petitioner is in custody since 27.09.2023 and he has one criminal antecedent.

6. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

8. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Shekhpura P.S. Case No. 664 of 2023.

(Rudra Prakash Mishra, J) Arish/- U T