Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58606 of 2021 Arising Out of PS. Case No.-297 Year-2021 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== MANISH KUMAR Son of Pawan Mahto @ Pawan Kumar Mahto Resident of Village - Ward No.10, Buzarg Dawar, P.S.- Khanpur, Distt.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajkumar Rajesh, Advocate For the Opposite Party/s :

Mr. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-04-2022 Heard learned counsel for the parties.

The petitioner is in jail in connection with Muffasil P.S. Case No. 297 of 2021 registered under Sections 399 and 402 of the Indian Penal Code and Section 25(1-B)a, 26 and 35 of the Arms Act.

As per the prosecution case, the police force on information was made a checking on the road and found two two accused persons sitting on a Hero Splendor motorcycle and three persons on a Bullet motorcycle talking to each other. On suspicion, when they were questioned, some of them fled away while the petitioner herein was caught and it is alleged that one loaded countrymade pistol and live cartridge was recovered from his possession.

Patna High Court CR. MISC. No.58606 of 2021(2) dt.12-04-2022 2/3 Learned counsel for the petitioner submits he has falsely been implicated in the case; he is in jail since 10th of July, 2021 and being a student if he continues to remain in jail he will have a bleak future.

Taking into account the aforesaid facts as also that charge sheet has been submitted in the matter and the petitioner is in judicial custody since 10th of July, 2021, let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of like amount each to the satisfaction of Additional Chief Judicial Magistrate -II, Samastipur in connection with Muffassil P.S. Case No. 297 of 2021, subject to the following conditions.

(i) the learned Trial Court shall check his criminal antecedent while releasing him on bail;

(ii) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;

(iii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;

(iv) the petitioner shall desist from committing any

Patna High Court CR. MISC. No.58606 of 2021(2) dt.12-04-2022 3/3 criminal offence again, failing which the State shall take steps for cancellation of his bail bond.

With the aforesaid observation, the bail application is allowed.

(Rajiv Roy, J) Jagdish/- U