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Patna High CourtCR. MISC./51325/2021bail granted

Manish Kumar v. The State Of Bihar

2022-02-24Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51325 of 2021 Arising Out of PS. Case No.-435 Year-2021 Thana- ARA NAWADA District- Bhojpur ====================================================== MANISH KUMAR Son of Sri Ram Singh Yadav @ Sriram Singh Resident of Village - Ahirpurwa, P.S.- Ara Nagar, District - Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Usha Kumari Singh, Advocate For the Opposite Party/s :

Mr. Abhay Kumar Roy. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-02-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 399 and 402 of the Indian Penal Code and sections 25(1-B)(a), 26 and 35 of the Arms Act.

As per the prosecution case, on a raid being conducted four accused persons including the petitioner herein were caught and various incriminating articles were recovered from the possession of the accused.

It is submitted by learned counsel for the petitioner that from perusal of the FIR itself it would transpire that no incriminating article has been recovered from possession of the petitioner. Some arms and ammunitions have been recovered from possession of the co-accused. The petitioner is in custody

Patna High Court CR. MISC. No.51325 of 2021(2) dt.24-02-2022 2/2 since 22.4.2021 and has no criminal antecedent. Chargesheet has been submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, no incriminating article having been recovered from possession of the petitioner and the petitioner being in custody for more than 8 months, the petitioner is directed to be enlarged on bail in connection with Ara Nawada P.S. Case no. 435 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Ara.

(Partha Sarthy, J) Spd/- U T