Patna High CourtCR. MISC./63874/2023allowed

Ajay Kumar @ Manna v. The State Of Bihar

2023-10-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63874 of 2023 Arising Out of PS. Case No.-275 Year-2023 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Ajay Kumar @ Manna Son Of Late Ram Chandra Ray R/O Vill - Jitwarpur Chandani Chawk Sapna Tola, Ward No. 4, P.S. - Samastipur Muffasil, Distt. - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 25(1b)a/26/35 of the Arms Act and Section 411 of the Indian Penal Code.

3. As per prosecution story, the police raided orchard and apprehended three persons including this petitioner and from the possession of this petitioner two live cartridges were recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Nothing has been recovered

Patna High Court CR. MISC. No.63874 of 2023(2) dt.11-10-2023 2/2 from the conscious possession of the petitioner except two live cartridges. Similarly situated other co-accused person has already been granted bail by co-ordinate Bench of this Court vide order dt. 18.08.2023. in Cr. Misc. No. 49821 of 2023. Moreover, the petitioner is languishing in judicial custody since 20.05.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Samastipur Muffasil P.S. Case No. 275 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Samastipur. (Sunil Kumar Panwar, J) shubham/- U T