Anish Kumar @ Anish Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24451 of 2024 Arising Out of PS. Case No.-714 Year-2023 Thana- MANER District- Patna ====================================================== Anish Kumar @ Anish Rai, Male, aged about 23 years, Son of Lal Babu Rai, Resident of Village- Tata Colony, Madhopur, P.S. Maner, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Patanjali Rishi, Advocate For the Opposite Party/s :
Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 05-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Maner PS Case No. 714 of 2023 instituted for the offences punishable under Sections 25(1-b) a, 26 and 35 of the Arms Act.
3. As per the prosecution case, one country made loaded Pistol carrying a live cartridge from his right pocket of his paint and four live cartridges were also recovered from the possession of the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case merely on the basis of high handedness of the police. Nothing incriminating articles have been recovered from the conscious possession of the petitioner.
Patna High Court CR. MISC. No.24451 of 2024(2) dt.05-04-2024 2/2 He further submits that chargesheet has already been submitted in this case. Petitioner is in custody since 03.10.2023.
5. Learned APP opposes the prayer for bail.
6. From perusal of the FIR, seizure list and the impugned order of the learned Additional Sessions Judge-Ist, Danapur, Patna dated 20.02.2023, it appears that petitioner is named in the FIR. There is no any independent witness of the seizure list and chargesheet has already been submitted in this case, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Danapur, Patna in connection with Maner PS Case No. 714 of 2023.
(Ramesh Chand Malviya, J) Anand Kr.
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