Patna High CourtCR. MISC./58603/2024bail granted

Anoj Manjhi @ Anuj Manjhi v. The State Of Bihar

2024-08-09Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58603 of 2024 Arising Out of PS. Case No.-11 Year-2024 Thana- BODHGAYA District- Gaya ====================================================== Anoj Manjhi @ Anuj Manjhi son of Arjun Manjhi Village- Jodhpur PsBodhgaya Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prithivi Raj Singh, Advocate For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Bodhgaya P.S. Case No. 11 of 2024, instituted for the offences punishable under Sections 25(1-B)(a), 26 and 35 of the Arms Act.

3. The prosecution case, in short, is that, one country made pistol was recovered from the abandoned house of Gariban Manjhi.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner has got no concern with the

Patna High Court CR. MISC. No.58603 of 2024(2) dt.09-08-2024 2/2 alleged recovery of pistol. On the basis of confessional statement of the petitioner, police has recovered one country made pistol from the house of co-accused Gariban Manjhi. The petitioner is in custody since 09.01.2024 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted bail by this Court vide order dated 09.05.2024 passed in Cr. Misc. No. 35177 of 2024.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, taking into account the period of custody undergone by the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bodhgaya P.S. Case No. 11 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T