Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18911 of 2023 Arising Out of PS. Case No.-237 Year-2022 Thana- JHAJHA RAIL P.S. District- Lakhisarai ====================================================== Manish Kumar S/O Late Nagendra Pathak R/O Village- Gorakh Parsi, P.SKarakat, Distt.- Rohtas At Sasaram. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghunandan Kumar Singh For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 467, 468, 471 of the Indian Penal Code and Sections 25(1-b)a, 26(1) of the Arms Act. The prosecution case relates to recovery of two country made pistols and 12 live cartridges from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and has committed no offence. He has falsely been implicated in the present case. Both the seizure list witness are police personnel which is complete violation of Section 100 of Cr.P.C. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. The

Patna High Court CR. MISC. No.18911 of 2023(3) dt.26-07-2023 2/2 petitioner is languishing in judicial custody since 31.12.2022. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Rail Jhajha P.S. Case No. 237 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Railway Judicial Magistrate, Kiul, Lalkhisarai.

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