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Patna High CourtCR. MISC./45007/2021bail granted

Manjeet Kumar v. The State Of Bihar

2022-01-28Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45007 of 2021 Arising Out of PS. Case No.-435 Year-2021 Thana- ARA NAWADA District- Bhojpur ====================================================== MANJEET KUMAR Son of Bharat Sonar Resident of Village - Baruhan, P.S.- Bagen, Distt.- Buxar, At Present resident of Mohalla - Dharhara, P.S.- Ara Town, Distt.- Bhojpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar, Adv.

For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 399 and 402 of the Indian Penal Code and sections 25(1-B) (a), 26 and 35 of the Arms Act.

As per the prosecution case, on informant having been received that the accused persons had gathered and were planning to give effect an occurrence, a raid was conducted and four accused persons including the petitioner herein were arrested. Various arms and other incriminating articles were recovered from the possession of the other accused persons. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.45007 of 2021(2) dt.28-01-2022 2/2 that from perusal of the F.I.R. itself it would transpire that no incriminating article has been recovered from the petitioner's possession who has been falsely implicated in the case. He is in custody since 22.4.2021 and has no criminal antecedent. Chargesheet has been submitted in the case.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, no incriminating article having been recovered from the petitioner's possession who is in custody for over 9 months, the Court directs the petitioner to be enlarged on bail in connection with Ara Nawada P.S. Case no. 435 of 2021 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur, Ara (Partha Sarthy, J) Bibhash U