Akash Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22949 of 2025 Arising Out of PS. Case No.-39 Year-2024 Thana- Kharagpur District- Munger ====================================================== Akash Manjhi Son of Lakhan Manjhi Resident of Village- Lohachi, P.SSampur,, Haveli Kharagpur, District -Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Jha, Advocate For the Opposite Party/s :
Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-06-2025 Heard the parties.
2. The petitioner is in judicial custody in connection with S.T. No. 333 of 2024 arising out of Haveli Kharagpur P.S. Case No. 39 of 2024 for the offence punishable under sections 25(1-A)/25(1-AA)/26(i) (ii)/35 of the Arms Act.
3. As per the prosecution story, the police upon secret information about the accused persons manufacturing illegal arms in the village Paharpur for smuggling purposes, reached the house and found them busy in manufacturing of the arms. They tried to escape but two of them were arrested and huge cache of arms recovered/seized which included the pistols, dummy bullets and some other arms.
4. Learned counsel for the petitioner submits that he has no criminal antecedent, has remained in custody since 05.02.2024 and if granted bail, he shall be diligently appearing
Patna High Court CR. MISC. No.22949 of 2025(3) dt.20-06-2025 2/3 in trial. Further submission is that the trial is not likely to be concluded in near future.
5. Learned APP opposes the prayer submitting that a perusal of the allegation would show that the illegal arms were recovered upon raid and he was in the business of manufacturing in the said arms.
6. Though allegation is there, FIR lodged, petitioner has undertaken to face the trial, considering the aforesaid facts/submissions as also that he has no criminal antecedent and is in custody since 06.02.2024, in that background, this Court is inclined to extend him the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned District and Additional Sessions Judge, 3rd Munger, in connection with S.T. No. 333 of 2024 arising out of Haveli Kharagpur P.S. Case No. 39 of 2024, subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive
Patna High Court CR. MISC. No.22949 of 2025(3) dt.20-06-2025 3/3 dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight till conclusion of trial to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Raj Ranjan/- U T