Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2100 of 2022 Arising Out of PS. Case No.-92 Year-2018 Thana- INDUSTRIAL AREA District- Vaishali ====================================================== MANISH KUMAR S/o Chandraket Rai Resident of Village- Kampura, P.S.- Ganga Bridge, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mahendra Thakur For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-07-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for the offence punishable under Sections 399, 402, 34, 412 and 414 of the Indian Penal Code, Sections 25 (1-b), 26 and 35 of the Arms Act, 1959, and under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, the informant got information that some miscreants had assembled at Sudha Factory Road near Pratibha Printing Press. On chase, some of the accused persons were arrested from whose possession firearm, weapons and liquor were recovered. The name of the petitioner has been taken by one of the arrested accused person. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.2100 of 2022(2) dt.01-07-2022 2/2 case. No incriminating article or fire arm has been recovered from the conscious possession of the petitioner and he is no way concerned with the alleged recovery.

Learned counsel appearing for the State opposes the prayer for anticipatory bail.

Considering the facts of the case, nature of accusation and the fact that no recovery has been made from the possession of the petitioner, let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in connection with Industrial Area PS case No. 92/2018, subject to conditions laid down u/s 438(2) of the Cr. P. C. (Prabhat Kumar Singh, J) BKS/- U T