Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29459 of 2023 Arising Out of PS. Case No.-19 Year-2023 Thana- KARJAIN District- Supaul ====================================================== Manish Kumar, Son of Bachneshwar Kumar @ Bachneshwar Kumar Yadav, Resident of Village - Gangapatti (Ward No.- 13) Katbansi Panchyat - Baruari, P.S.- Supaul, District - Supaul ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Arun Kumar Jha, Advocate For the Opposite Party/s :

Ms. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 28-06-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The accused/petitioner seeks bail in connection with Karjain P.S. Case No.19 of 2023 registered for the offences punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act. The accused/petitioner named in the FIR and is in custody since 18.01.2023.

Allegation against petitioner is to have in possession of one country-made pistol along with eight live cartridges.

It is submitted by learned counsel that the alleged recovery not appears to be made from conscious physical possession of the petitioner and the alleged firearms shown appears to be planted out of his criminal antecedents. It is

Patna High Court CR. MISC. No.29459 of 2023(3) dt.28-06-2023 2/2 submitted that petitioner found involved in two more criminal cases, where after trial, he was acquitted and, as such, it can safely be said that petitioner is a man of clean antecedent. While concluding argument, it is submitted that investigation of this case is completed for which charge-sheet has been submitted and, as such, there is no chance of tampering with the evidence. Learned APP opposes the prayer for bail of the petitioner.

In view of the above-mentioned facts and circumstances and by taking note of nature of accusation, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 18.01.2023, accordingly, the petitioner, above-named, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Birpur, Supaul in connection with Karjain P.S. Case No.19 of 2023, subject to the conditions as laid down under Section 437(3) of the CrPC. (Chandra Shekhar Jha, J.) Sanjeet/- U T