Manish Kumar Gupta @ Bittu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62367 of 2019 Arising Out of PS. Case No.-402 Year-2019 Thana- KHAJANCHI HAT District- Purnia ====================================================== MANISH KUMAR GUPTA @ BITTU S/o Jai Prakash Gupta Resident of Naya Tola Milky, P.S.- K. Hat Maranga, District- Purnea. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjana For the Opposite Party/s :
Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-10-2019 Heard learned counsels for the parties.
The petitioner is languishing in custody since 10.6.2019 in a case registered for the offences punishable under Sections 399 and 402 of the I.P.C. and Sections 25(1-B) a, 26 and 35 of the Arms Act.
The prosecution case as per the self statement of S.I. Mukesh Kumar Mishra, SHO, Maranga Police Station is to the effect that on 10.6.2019 at 12.05 P.M., secret information was received that some miscreants are preparing for committing dacoity. Consequently, a raid was laid when five persons were apprehended. It is alleged that from possession of other accused persons, arms were recovered and from possession of the petitioner, one mobile phone with SIM was recovered. It is submitted by learned counsel for the petitioner that
Patna High Court CR. MISC. No.62367 of 2019(2) dt.22-10-2019 2/2 from the possession of the petitioner only mobile with SIM was recovered and the investigation has already been concluded. Learned APP submits that the petitioner was found fleeing from the spot.
Considering the fact that the investigation has already been concluded, recovery of only a mobile phone with SIM card from the possession of the petitioner and the period in custody, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Purnea in connection with K. Hat (Maranga) P.S. Case No. 402 of 2019. (Dinesh Kumar Singh, J) anil/- U