Manish Mishra @ Munna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59220 of 2025 Arising Out of PS. Case No.-274 Year-2025 Thana- KARAKAT District- Rohtas ====================================================== Manish Mishra @ Munna Son of Sunil Mishra Resident of village - Raghunathpur, Police Station - Karakat (Gorari), District - Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Karakat P.S. Case No. 274 of 2025, instituted for the offences punishable under Sections 25(1-B)(i), 26 and 35 of the Arms Act.

3. The prosecution case, in short, is that there is recovery of one pistol and 11 live cartridges from the possession of co-accused person.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner was not arrested on

Patna High Court CR. MISC. No.59220 of 2025(2) dt.28-08-2025 2/2 spot rather his name has transpired in this case on the basis of confessional statement made by co-accused, namely, Arman Alam and the same has got no evidentiary value. It is further submitted that no any arms have been recovered from the possession of the petitioner. The petitioner is in custody since 25.05.2025 and has got one criminal antecedent in which he is on bail. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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 and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Karakat P.S. Case No. 274 of 2025.

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