Radha Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32116 of 2018 Arising Out of PS.Case No. -340 Year- 2017 Thana -GARKHA District- SARAN ======================================================

1. Radha Devi Wife of Gulab Manjhi@ Gulla Manjhi

2. Gulab Manjhi @ Gulla Manjhi Son of late Dhana Manjhi Both are Residents of Village- Jagaria, Police Station- Paru, DistrictMuzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Awadhesh Kumar Singh For the Opposite Party/s : Mr. Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 11-06-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Petitioners are seeking regular bail in Garkha P.S. Case No. 340 of 2017 registered under Section 25(1-b), 35 of the Arms Act.

Learned counsel for the petitioners submits that the petitioners are not named in the F.I.R. and no specific role has been attributed to the petitioners, however, they have been falsely implicated in the case on the basis of the confessional statement of coaccused Mithu Manjhi. It is submitted that till date no Test Identification Parade has been conducted and no incriminating material has been recovered from the possession of these petitioners.

Patna High Court Cr.Misc. No.32116 of 2018 (2) dt.11-06-2018 2/2 Learned A.P.P. for the State is present and submits that the petitioners have been involved in three other cases. Learned counsel for the petitioners, however, submits that the petitioners have been taken on remand in two cases only after they were arrested in connection with Maker P.S. Case No. 122 of 2017 and they have been granted regular bail by this Court in Cr. Misc. No. 25486/2018.

Considering the facts and circumstances particularly that there is no recovery or seizure of any incriminating material from the possession of these petitioners and that till date no T.I.P. has been conduct, let the petitioners, named above, be released on bail on their furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra in connection with Garkha P.S. Case No. 340/2017, subject to the conditions as laid down under Section 437(3) Cr.P.C. (Rajeev Ranjan Prasad, J) Dilip/- U T