Mani Bhushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35794 of 2024 Arising Out of PS. Case No.-17 Year-2024 Thana- KALYANPUR District- Samastipur ====================================================== Mani Bhushan Kumar Son of Kishuni Mahto @ Kishun Mahto Resident of Village - Karua, Ward No.- 17, Police Station - Chakmehsi, District - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjan Kumar For the Opposite Party/s :

Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 21-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kalyanpur P.S. Case No. 17 of 2024 instituted for the offences punishable under Sections 399, 400, 402, 120(B) of the Indian Penal Code and Section 25(1-B)a, 26 and 35 of the Arms Act.

3. As per the prosecution case, one gun has been 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 only on the basis of suspicion. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner.

Patna High Court CR. MISC. No.35794 of 2024(2) dt.21-05-2024 2/3 It is next submitted that co-accused have already granted bail vide order dated 26.04.2024 passed in Cr. Misc. No. 26322 of 2024, order dated 21.03.2024 passed in Cr. Misc. No. 18406 of 2024 and order dated 02.04.2024 passed in Cr. Misc. No. 22612 of 2024. Petitioner is in custody since 17.01.2024.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR and the impugned order of the learned Sessions Judge, Samastipur dated 23.02.2024, it appears that the there is recovery of gun from the conscious possession of the petitioner but there is no any independent witness of the seizure list, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Samastipur in connection with Kalyanpur P.S. Case No. 17 of 2024.

7. The trial Court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen days) from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the petitioner shall be released on bail

Patna High Court CR. MISC. No.35794 of 2024(2) dt.21-05-2024 3/3 on above conditions and he shall be present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Mayank/- U T