Chhote Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56118 of 2021 Arising Out of PS. Case No.-663 Year-2021 Thana- NAWADA District- Nawada ====================================================== Chhote Manjhi Son of Late Kara Manjhi Resident of Mohalla - Purani Jail Road, Nawada, P.S. - Nawada, District - Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 04-04-2022 Let the defects, if any, be removed within four weeks from today.

Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered in connection with Nawada Town P.S.Case No.663 of 2021 for the offences punishable under Sections 25(a)/1(a)/AA(A,B/26 (1)(2)/26/35 of the Arms Act.

As per prosecution case, while vehicle checking by the police, three persons, who were coming riding on motorcycle, seeing the police party, tried to flee away , However, one co-accused was apprehended and in whose possession one country made pistol, two empty cartridges and two live cartridges were recovered. It is further disclosed by coaccused Rahul Gupta that recovered firearm and cartridges were

Patna High Court CR. MISC. No.56118 of 2021(2) dt.04-04-2022 2/3 given to them by Ankit Kumar. He further disclosed that Ankit Kumar has given Katta to Chhote Manjhi. On confessional statement of co-accused the house of the petitioner was raided, from where one country made pistol has been recovered from a box inside his house.

Learned counsel for the petitioner submits that petitioner has got no criminal antecedent and he is in custody since 27.06.2021. It is further submits that house in question was a jointfamily house. Charge sheet has already been submitted and there is no chance of his absconding and tampering with the evidence.

The learned A.P.P opposed the prayer for bail of the petitioner.

Having considered the submissions and taking into consideration the fact that the arm has been recovered from joint family house of the petitioner and he is having clean antecedent, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Nawada (Town) P.S.Case No. 663 of 2021, subject to the condition that one of the bailors will be the close relatives of the petitioner

Patna High Court CR. MISC. No.56118 of 2021(2) dt.04-04-2022 3/3 with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial. (ii) He will remain present on each and every date of trial till disposal of the case.(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial.(iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled. (Harish Kumar, J) N.K/- U T