Manoj Sapera v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35555 of 2023 Arising Out of PS. Case No.-6 Year-2021 Thana- JAHANABAD District- Jehanabad ====================================================== MANOJ SAPERA S/O NAGINA SAPERA R/O Village- Samwey @ Sambey, P.S- Warisaliganj, Distt.- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijendra Kumar For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

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

As per allegation in the FIR, police party proceeded for investigation of Jehanabad PS Case No. 745 of 2020, and apprehended two persons who disclosed the name of the petitioner as one of his associates. On their instance, arms were recovered from a ditch to which they have thrown after committing a murder case.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. The said recovery has been made from from a roadside ditch and not

Patna High Court CR. MISC. No.35555 of 2023(2) dt.26-06-2023 2/2 from the possession of the petitioner. His name sprang up in this case on the basis of confessional statement of apprehended coaccused Dhanjay Nutt and Santosh Nutt before the police, which has got no evidentiary value in the eye of law. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 6.4.2022 passed in Cr. Misc. No. 58083 of 2021. Petitioner is languishing in judicial custody since 12.12.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Jehanabad in connection with Jehanabad (Karona O.P.) PS Case No. 06 of 2021.

(Sunil Kumar Panwar, J) sushma/- U