Mantu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30319 of 2020 Arising Out of PS. Case No.-179 Year-2020 Thana- BIHTA District- Patna ====================================================== MANTU KUMAR S/o Jangli Paswan R/o Vill.-Raghopur, P.S.-Bihta, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Samrendra Kumar Jha For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-11-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Shri Shailendra Kumar, the learned A.P.P. appearing for the State.

The petitioner seeks regular bail in connection with Bihta Town P.S. Case No. 179 of 2020 for the offence punishable under Sections 25(1-b)a/26/35 of the Arms Act. The allegation is regarding the police having apprehended the petitioner and other accused persons and as far as the petitioner is concerned, two live cartridges were recovered from his possession, upon search being made by the police.

Patna High Court CR. MISC. No.30319 of 2020(2) dt.24-11-2020 2/2 The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 04.03.2020.

Per contra, the learned Additional Public Prosecutor has vehemently opposed the prayer for regular bail, made by the petitioner.

Having regard to the facts and circumstances of the case, considering the submissions advanced by the learned counsel for the parties and taking into account the period of incarceration of the petitioner herein as also the fact that he is having a clean antecedent, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the petitioner, above named, is directed to be released on regular bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned ACJM-I, Danapur, Patna in connection with Bihta P.S. Case No. 179 of 2020.

(Mohit Kumar Shah, J) Tiwary/- U T