Patna High CourtCR. MISC./31426/2021bail granted

Manish Kumar Sah @ Manoj Rasadh v. The State Of Bihar

2021-12-13Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31426 of 2021 Arising Out of PS. Case No.-1032 Year-2020 Thana- FORBESGANJ District- Araria ====================================================== MANISH KUMAR SAH @ MANOJ RASADH Son of Shyam Sundar Sah Resident of Village - Charnai ward no. 13, P.S.- Chhatapur, District - Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Rana, Adv.

For the Opposite Party/s :

Mr. Braj Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-12-2021 Heard Mr. Mukesh Kumar Rana, learned counsel for the petitioner and Mr. Braj Kishore Prasad, Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Forbesganj PS Case No. 1032/2020 registered for the offence punishable under Sections 414 of the IPC and Section 25 (1-b) a, 26 read with Section 35 of the Arms Act.

The allegation against the petitioner, as per First Information Report, is that one country made pistol along with one live cartridge has been recovered from his possession. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and he has not committed any offence in the manner alleged. Learned counsel further submits that at the time of search and seizure the procedure prescribed under Section 100 CrPC has not been

Patna High Court CR. MISC. No.31426 of 2021(2) dt.13-12-2021 2/2 adhered to. He next submits that petitioner is in custody since 29.11.2020.

Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner is in custody since 29.11.2020 having no criminal antecedents and the charge-sheet has been submitted in the matter, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, MANISH KUMAR SAH @ MANOJ RASADH 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 Chief Judicial Magistrate, Araria in connection with Forbesganj PS Case No. 1032/2020.

(Anil Kumar Sinha, J) perwez U T