Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26427 of 2020 Arising Out of PS. Case No.-50 Year-2020 Thana- NAANPUR District- Sitamarhi ====================================================== MANISH KUMAR S/o Bharat Singh Resident of Village-Majhaur, P.S.- Nanpur, District-Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Nirmala Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-10-2020 Heard Mr. Pushpendra Kumar Singh, learned counsel for the petitioner and Mrs. Nirmala Kumari, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Nanpur P.S. Case No. 50 of 2020 registered for the offence punishable under Section 399 / 402 of the Indian Penal Code, 1860 and Section 25 (1-b) A / 26 / 35 of the Arms Act. The allegation against the petitioner as per the First Information Report is that the Police received a secret information that some miscreants have assembled near the Ply Machine in the village- Bahera Jahidpur Balua Tola and were planning to commit crime, proceeded towards the place of occurrence and recovered one country made loaded pistol with one live cartridge from the possession of the petitioner. Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged

Patna High Court CR. MISC. No.26427 of 2020(2) dt.12-10-2020 2/2 and he has falsely been implicated in this case with oblique motive. Learned counsel further submits that petitioner has got no criminal antecedent and he is in custody since 19.02.2020. Having heard learned counsel for the parties and taking into consideration the materials available on record and the fact that petitioner has remained in custody for more than six months i.e. since 19.02.2020, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Pupri, Sitamarhi /court concerned in connection with Nanpur P.S. Case No. 50 of 2020.

It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J) praful/- U T