Manoj Nisad @ Manoj Nishad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45951 of 2022 Arising Out of PS. Case No.-110 Year-2022 Thana- BARAUNI District- Begusarai ====================================================== MANOJ NISAD @ MANOJ NISHAD son of Raghu Mahton R/o village - Sitarampur, P.S.- Matihani, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-12-2022 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Barauni P.S. Case No. 110 of 2022 for the offence registered under Sections 25(1-b)a and 26 of the Arms Act. The allegation is regarding the police having apprehended the petitioner and upon search one country made pistol and two live cartridges were recovered. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and he is languishing in custody since 13.03.2022. The learned counsel for the petitioner has submitted that though the petitioner is an accused in two other cases but he is on bail in the said two cases. It is further submitted that the petitioner

Patna High Court CR. MISC. No.45951 of 2022(2) dt.16-12-2022 2/2 has already been suitably punished on account of the period of incarceration.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that the petitioner is languishing in custody since 13.03.2022, I deem it fit and proper to direct for release of the petitioner herein on regular bail. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Begusarai in connection with Barauni P.S. Case No. 110 of 2022.

(Mohit Kumar Shah, J) S.Sb/SauravU T