Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40929 of 2019 Arising Out of PS. Case No.-112 Year-2019 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== MANISH KUMAR Son of Ram Awadhesh Singh Resident of Village - Jagdishpur, P.S.- Kudra, District - Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Bhabua P.S. Case No. 112 of 2019, Gr. No. 448 of 2019 registered for the offence punishable under section 395 of the Indian Penal Code and sections 27, 25 (1-B)A, 26 and 35 of the Arms Act.

As per allegation in the FIR, five accused persons including the petitioner, riding on a motorcycle, are said to have stopped the vehicle of the informant and on pistol point snatched his plastic bag containing Rs. Six lacs. FIR was registered against five unknown persons.

It is submitted by learned counsel for the petitioner that from the order of the learned court below it appears that the

Patna High Court CR. MISC. No.40929 of 2019(3) dt.13-09-2019 2/2 name of the petitioner has transpired in the confessional statement of co-accused Suraj Kumar and Sakil Ansari, which has been recorded in paragraph nos. 38 and 39 of the case diary. It is further submitted that the said Suraj Kumar has been enlarged on bail vide order dated 15.07.2019 passed in Cr. Misc. No. 42373 of 2019. Petitioner is in custody since 25.03.2019. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the fact that no incriminating article has been recovered from possession of the petitioner, he is in custody since 25.03.2019 and similarly situated co-accused person has been enlarged on bail, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Bhabua P.S. Case No. 112 of 2019, Gr. No. 448 of 2019.

(Partha Sarthy, J) sushma/- U T