Manoj Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31101 of 2021 Arising Out of PS. Case No.-196 Year-2020 Thana- PATEPUR District- Vaishali ====================================================== MANOJ SAH Son of Bhagwat Sah Resident of Village- Sumerganj, P.S.- Goraul (Kathara O.P.), District- Vaishali.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anirudh Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-03-2022 Heard Mr. Anirudh Kumar Sinha, learned counsel for the petitioner and Mr. Ataur Rahman, Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Patepur PS Case No. 196/2020 registered for the offence punishable under Sections 399/402/414 of the IPC and Section 25(1-b) a/26/35 of the Arms Act.

Allegation in a nutshell is that the police, on the basis of secret information that some miscreants have assembled, proceeded towards the place of occurrence and apprehended five accused persons and recovered fire arms, motorcycle, mobile phones etc., and from the possession of petitioner one motorcycle and one mobile were recovered.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case inasmuch as

Patna High Court CR. MISC. No.31101 of 2021(5) dt.24-03-2022 2/2 the mobile and motorcycle which have, allegedly, been recovered from the possession of the petitioner, the same belong to the petitioner which would be evident from Annexure-2 to the supplementary affidavit filed in this case.

Learned counsel further submits that the petitioner is in custody since 17.09.2020 and the charge-sheet in the matter has been submitted.

Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that the petitioner is the owner of the motorcycle which was seized by the police, he is in custody since 17.09.2020 and the charge-sheet in the matter has been submitted, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, MANOJ SAH be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 3rd Vaishali, Hajipur in connection with Patepur PS Case No. 196/2020.

(Anil Kumar Sinha, J) perwez U T