Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53807 of 2022 Arising Out of PS. Case No.-62 Year-2022 Thana- KINJAR District- Jehanabad ====================================================== Manish Kumar Son Of Nawal Yadav R/O Village- Kurtha Bala, P.S.- Kurtha, District- Jehanabad. Arwal ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 56828 of 2022 Arising Out of PS. Case No.-62 Year-2022 Thana- KINJAR District- Jehanabad ====================================================== DHIRAJ KUMAR S/O LATE VISHNUDEV YADAV Resident of villageGarari, P.S.- Konch, District- Gaya. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 53807 of 2022) For the Petitioner/s :

Mr.Nitya Nand Neeraj For the Opposite Party/s :

Mr.Madhura Nand Jha (In CRIMINAL MISCELLANEOUS No. 56828 of 2022) For the Petitioner/s :

Mr.Paras Nath For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-01-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioner has prayed for bail in a case instituted for the offence under Sections 25(1-b)a, 26 and 35 of the Arms Act.

As per allegation in the FIR, on getting secret information that young boys are hatching a conspiracy for committing crime and in course of patrolling altogether seven accused persons were apprehended on spot including the petitioners and from their possession two motorcycles and

Patna High Court CR. MISC. No.53807 of 2022(2) dt.17-01-2023 2/2 mobiles phones were recovered.

It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. Arms were recovered from road side nearby bush and not from the possession of the petitioners. Similarly situated other co-accused person, namely, Rahul Kumar has already been granted regular bail by order dated 23.12.2022 passed in Cr. Misc. No. 57436 of 2022. Petitioners are languishing in judicial custody since 4.6.2022.

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 petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned ACJM IV, Arwal in connection with Kinjar P.S. Case No. 62 of 2022.

(Sunil Kumar Panwar, J) sushma/- U