Mannu Sahni @ Mannu Kumar Sahni @ Mannu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28800 of 2024 Arising Out of PS. Case No.-259 Year-2023 Thana- BAHADURPUR District- Darbhanga ====================================================== Mannu Sahni @ Mannu Kumar Sahni @ Mannu S/O Late Pacchu Sahni R/O Village- Chandi, P.S- Bahadurpur, Distt.- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nilendu Kumar Choudhary For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 25(1-b)a, 26, 35 of the Arms Act.

3. As per FIR, the petitioner was apprehended on spot while he along with other was assembled for hatching a conspiracy in mango orchard of one Raj Kumar Yadav. On search one country made pistol along with magazine loaded with four live cartridges were recovered from co-accused Lalan Kr. Yadav and petitioner managed to escape. His name was disclosed by local chowkidar.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this

Patna High Court CR. MISC. No.28800 of 2024(2) dt.26-04-2024 2/2 present case merely on the basis of suspicion. The petitioner has no concern with the alleged recovery rather he has been made accused in this case due to high handedness of the police officials. It is further submitted that Section 100 of the Cr.P.C. has not been followed while preparing the seizure list. Similarly situated other accused person has already been enlarged on bail by this Court vide order dated 11.10.2023 passed in Cr. Misc. No. 64764 of 2023. The petitioner is languishing in judicial custody since 3.2.2024.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bahadurpur P.S. Case No. 259 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Darbhanga. (Sunil Kumar Panwar, J) sushma/- U