Manish Kumar @ Chinese v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28689 of 2018 Arising Out of PS.Case No. -244 Year- 2018 Thana -AHIAPUR District- MUZAFFARPUR ====================================================== Manish Kumar @ Chinese Son of Subodh Sah Resident of VillageShekhpura Dhab, P.S. Ahiyapur, District- Muzaffarpur, Bihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Yashraj Bardhan For the Opposite Party/s : Mr. Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-07-2018 Heard.

The petitioner seeks regular bail in connection with Ahiyapur P.S. Case No. 244 of 2018 for the offences punishable under Section 401 of the Indian Penal Code and Sections 25(1-b), 26, 35 Arms Act.

The allegation is regarding the police having received secret information to the effect that certain anti-social elements were going to commit some crime whereupon they are said to have apprehended the so-called culprits from the place of occurrence. During the course of said raid by the police, the petitioner and one other co-accused person were caught, however, the third person escaped. As far as the petitioner is concerned, it is stated that one country made pistol and one live cartridge were

Patna High Court Cr.Misc. No.28689 of 2018 (3) dt.19-07-2018 2/2 recovered.

The learned counsel for the petitioner submits that the petitioner is having a clean antecedent and is languishing in custody since 11.03.2018. It is further submitted that the petitioner has been falsely implicated in the present case. Having regards to the facts and circumstances of the case, I direct that the petitioner shall be released from custody immediately upon completion of a period of six months from the date of his custody i.e. from 11.03.2018 on such terms and conditions as may deem fit and proper by the concerned Court i.e. Court of learned Chief Judicial Magistrate, Muzaffarpur in connection with Ahiyapur P.S. Case No. 244 of 2018. The present case is disposed of.

(Mohit Kumar Shah, J) BTiwary/ Md. Rashid U T