Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33935 of 2020 Arising Out of PS. Case No.-495 Year-2020 Thana- FORBESGANJ District- Araria ====================================================== Manish Kumar Son of Deepak Derve, Resident of Village- Khaira Chanda, Police Station- Narpatganj, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Rana For the Opposite Party/s :

Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 29-01-2021 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking regular bail in connection with Forbesganj P.S. Case No. 495 of 2020 registered for offence punishable under sections 399, 400, 402 of the Indian Penal Code and sections 25 (a), 25 (1-A)(1-AA) (1-B) (ab), 26 (1) (ii) read with section 35 of the Arms Act. The police got secret information that some miscreants assembled to commit crime, on that basis, a police team was constituted to nab the petitioner, who was arrested and from his possession, a dagger has been recovered.

Learned counsel for the petitioner submits that the petitioner is in custody since 24.06.2020 and he has no criminal antecedent.

Looking to the period of custody and the nature of

Patna High Court CR. MISC. No.33935 of 2020(2) dt.29-01-2021 2/2 recovery of arms as well as the petitioner having no criminal antecedent, let the petitioner above named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in connection with Forbesganj P.S. Case No. 495 of 2020, subject to the condition that one of the bailors of the petitioner shall be his close relative. The petitioner will not induce any witness or tamper with the evidence. The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

If the petitioner is found involved in the similar type of offence in future, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the court below will take decision in accordance with law. As the learned counsel for the petitioner has submitted that the petitioner has no criminal antecedent, the same should be verified by the court below and it is made clear that if it is found that the petitioner has criminal history, his bail will be treated to have been withdrawn.

(Shivaji Pandey, J) Mahesh/- U T