Manish Kumar @ Manish Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66880 of 2023 Arising Out of PS. Case No.-404 Year-2022 Thana- LALGANJ District- Vaishali ====================================================== MANISH KUMAR @ MANISH SAHNI SON OF SUESH SAHNI RESIDENT OF VILLAGE BALHA BASANTA WARD NO 2, PSLALGANJ, DIST- VAISHALI AT HAJIPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Niranjan Parihar, Adv.

For the Opposite Party/s :

Mr.Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Lalganj P.S. Case No. 404 of 2022 registered on 04.11.2022 lodged under Sections 399, 402 of the I.P.C. and 25(1-B)a/26/35 of Arms Act.

3. As per the prosecution case, F.I.R. has been lodged against five named accused person including the petitioner.

4. Counsel further submits that petitioner is innocent and has committed no offence. He submits that two persons were apprehended from the place of occurrence from whose possession pistol and live cartridges were recovered but petitioner has not been apprehended from the place of occurrence. The apprehended persons have disclosed the name

Patna High Court CR. MISC. No.66880 of 2023(2) dt.16-10-2023 2/2 of the petitioner. Moreover, petitioner is in custody since 20.01.2023. Counsel submits that under the conspiracy police has filed criminal case against him due to the reason that antecedent of the petitioner is not clean and there are total nine criminal cases pending against him in which he is on bail in five cases whereas he is persuading bail in four cases.

5. Learned counsel for the State opposes the prayer for bail and submits that antecedent of the petitioner is not clean and at the time of granting bail, this aspect shall be taken into consideration.

6. In the present facts and circumstances of this case, I am not inclined to grant bail to the petitioner for present. Therefore, his prayer for bail stands rejected.

7. However, the trial Court is directed to release the petitioner on bail by imposing its own condition so that the petitioner may not evade appearance during the trial, if he renews his prayer for bail after framing of charge.

8. With this observation, the bail application stands disposed of.

(Dr. Anshuman, J) Sunnykr/- U T