Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48166 of 2022 Arising Out of PS. Case No.-157 Year-2022 Thana- PATNA CITY CHOWK District- Patna ====================================================== MANISH KUMAR Son of Sri Dilip Yadav Resident of State Bank of gali, P.S.- Chowk, Distt.- Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Deepak Kumar For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 25(1-B)A, 26 and 35 of the Arms Act and Section 8, 20(b)(ii)(B) of NDPS Act. As per allegation in the FIR, four persons including the petitioner were brought for interrogation Chowk P.S. Case No. 149 of 2022 and on the basis of their confessional statement, police personnel searched to the house of Sonu Patel @ Sonu Ganjawala from where one live cartridge and 1 kg. 200 gram ganja were recovered.

It is submitted by learned counsel for the petitioner that petitioner is innocent and has been falsely implicated in this case. No incriminating material has been recovered from

Patna High Court CR. MISC. No.48166 of 2022(3) dt.19-01-2023 2/2 conscious possession of the petitioner. On the basis of self confessional statement of the petitioner in another case before the police, his name has been surfaced in the present case, which has no evidentiary value in the eye of law. Except confession, no other material is come during investigation to implicate the petitioner in the present case. Petitioner is languishing in judicial custody 08.04.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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 ADJ XVIII, Patna In connection with Special Case (NDPS) No. 50 of 2022 arising out of Chowk P.S. Case No. 157 of 2022. (Sunil Kumar Panwar, J) sushma/- U