Manjit Kumar Paswan @ Manjit Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41871 of 2022 Arising Out of PS. Case No.-23 Year-2022 Thana- BARHAT District- Jamui ====================================================== Manjit Kumar Paswan @ Manjit Paswan S/O Kailash Paswan Resident Of Village- Ramjanpur, P.S.- Barbigha, District- Sheikhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Prasad, Advocate :

Mr. Mrityunjay Kumar, Advocate For the Opposite Party/s :

Mr. Binod Kumar No.3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 17-11-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Barhat P.S. Case No. 23 of 2022 registered for the offences punishable under Sections 399 and 402 of the Indian Penal Code and 25(1b)a, 26 and 35 of Arms Act. As per the prosecution, the accused persons including the petitioner were found in suspicious condition and as per the police they had assembled at the alleged place to make preparation to commit dacoity and from the possession of the

Patna High Court CR. MISC. No.41871 of 2022(2) dt.17-11-2022 2/3 petitioner three cartridges and one mobile phone were recovered and from the possession of co-accused persons firearms and other articles were recovered.

The main submissions advanced by the learned counsel Mr. Umesh Prasad appearing for the petitioner are that the petitioner has clean antecedent and has been languishing in jail since 12.03.2022 and as per the prosecution only three cartridges were alleged to have been recovered from the possession of this petitioner and while making the search and seizure no independent person was made witness by the police. Learned APP Mr Mr. Binod Kumar No.3 appearing for the State has opposed the bail prayer.

Heard both the sides and perused the FIR and the seizure list. As per the seizure list, only three cartridges were alleged to have been recovered from the possession of this petitioner and he has clean antecedent as per the statement made in his petition and he has been languishing in jail since 12.03.2022. Considering these facts as well as petitioner's custody period, in the opinion of this Court a lenient approach can be taken in respect of petitioner's prayer, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.41871 of 2022(2) dt.17-11-2022 3/3 satisfaction of the concerned Court in connection with Barhat P.S. Case No. 23 of 2022.

(Shailendra Singh, J.) murli/- U T