Patna High Court/17932/2023allowed

Manto @ Pinto v. The State Of Bihar

2023-05-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17932 of 2023 Arising Out of PS. Case No.-291 Year-2022 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Manto @ Pinto Son Of Md Azad Resident Of Village- K. Nagar, Ps- K. Nagar, Dist- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Binode Bariar For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 25(1b)a, 26(ii), 35 of the Arms Act As per FIR, it is a case of recovery of total 20 pieces of 7.65 mm live cartridges and mobile phone from the possession of the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no concern with the alleged recovery. A statement has been made in para-3 of the petition that the petitioner has got no

Patna High Court CR. MISC. No.17932 of 2023(2) dt.12-05-2023 2/2 criminal antecedent. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 09.05.2023 passed in Cr. Misc. No. 12243 of 2023. It is further submitted that the seizure list has not been prepared as per provision of u/s 100 of the Cr.P.C. The petitioner is languishing in judicial custody since 27.10.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sahebpur Kamal P.S. Case No. 291 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Begusarai.

(Sunil Kumar Panwar, J) Manishkumar/- U T