Dharmendra Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67545 of 2023 Arising Out of PS. Case No.-157 Year-2023 Thana- BUNIYAD GANJ District- Gaya ====================================================== Dharmendra Manjhi S/O Mahgu Manjhi Resident Of Village Santi Nagar, P.S. Khizersarai, District Gaya ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Diwakar, Mr. Shivam Kumar For the Opposite Party/s :
Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-11-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 25 (1-B)a of the Indian Penal Code and sections 26 of the Arms Act.
3. As per allegation in the FIR, two accused persons riding on a tempo, were arrested while vehicle checking and on search, one country made pistol and live cartridge were recovered which was kept beneath the seat of the said tempo.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case only because of the ownership of the alleged vehicle from which arms were recovered. Provision of Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure
Patna High Court CR. MISC. No.67545 of 2023(2) dt.01-11-2023 2/2 list. He is innocent. Petitioner is languishing in judicial custody since 6.5.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned ACJMVIII, Gaya in connection with Buniyadganj P.S. Case No. 157 of 2023.
(Sunil Kumar Panwar, J) sushma/- U