← Library
Patna High CourtCR. MISC./38077/2025bail granted

Manish Kumar @ Bholu v. The State Of Bihar

2025-06-18Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38077 of 2025 Arising Out of PS. Case No.-388 Year-2024 Thana- DALSINGHSARAI District- Samastipur ====================================================== Manish Kumar @ Bholu S/o Amit Kumar Choudhary R/o Village- Dhepura, Ward No 28, PS- Dalsinghsarai, Distt.- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Khushi Awadh, Advocate For the Opposite Party/s :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 18-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner is in custody since 14.12.2024 in a case registered for an offence punishable under Sections 25(1-B) a, 26 and 35 of the Arms Act.

3. As per allegation in the FIR, on 13.12.2024 when the informant along with others proceeded for patrolling and at about 06:00 P.M., he saw three persons were coming on a motorcycle, two among them somehow managed to escape away but one person was apprehended and disclosed his name as Manish Kumar (petitioner) and on search, one country made pistol and two cartridges were recovered from the possession of the petitioner.

Patna High Court CR. MISC. No.38077 of 2025(2) dt.18-06-2025 2/2

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that both witnesses of the seizure list are police personnels. He submits that nothing incriminating article has been recovered from the possession of the petitioner. He next submits that petitioner is in custody since 14.12.2024.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the fact the petitioner is in custody for more than six months, let the above named petitioner be released on bail, on his furnishing bail bonds of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1, Dalsinghsarai, District-Samastipur in connection with Dalsinghsarai P.S. Case No.388 of 2024 with a condition that the petitioner shall appear before the Trial Court on each and every date as fixed by the learned Trial Court. (Ramesh Chand Malviya, J) Harshita/- U T