Patna High CourtCR. MISC./9961/2016bail granted

Manoj Kumar Rai v. The State Of Bihar

2016-03-03Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.9961 of 2016 (2) dt.03-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9961 of 2016 Arising Out of PS.Case No. -172 Year- 2015 Thana -WARISNAGAR District- SAMASTIPUR ======================================================

1. Manoj Kumar Rai Son of Rameshwar Rai Resident of village- Jitwarpur Chouth, P.S.- Mufassil, District- Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kumar Praveen For the Opposite Party/s Dr. Kr.Uday Pratap(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 03.03.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

One pistol containing five cartridges is said to have been recovered from conscious possession of the petitioner and para 3 of the petition reveals that the petitioner carries criminal antecedent but submission on behalf of the petitioner is that prior to institution of the present case, petitioner was made accused in four cases but out of the aforesaid four case, three cases had been registered against unknown persons and moreover, except one case, all three cases had been registered in the year 2010. Furthermore, contention on behalf of the petitioner is that the present case is nothing but only highhandedness of the police.

Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of this fact that the petitioner is in jail custody since 25.8.2015, let the petitioner be

Patna High Court Cr.Misc. No.9961 of 2016 (2) dt.03-03-2016 released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of Smt. Meena Kumari, Judicial Magistrate, Ist Class, Samastipur in Warisnagar (Mathurapur O.P) P.S. Case no. 172/2015.

shahid (Hemant Kumar Srivastava,J) U T