Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70336 of 2023 Arising Out of PS. Case No.-299 Year-2023 Thana- DHAKA District- East Champaran ====================================================== MANISH KUMAR SON OF SHIV SHANKAR SAHANI RESIDENT OF VILLAGE- KORAL, PS- PAKRIDAYAL, DIST- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rahul Singh For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 414, 420, 467, 468, 34 of the IPC and Sections 25(i)(b)(a), 26 and 35 of the Arms Act.

3. As per prosecution case, upon confidential information, the police intercepted five motorcycles and ultimately succeeded in apprehending three of it with five persons while the rest managed to escape. Upon search of the persons some incriminating articles, Several Atm cards and mobiles were recovered from the co-accused persons.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The petitioner has no concern with the

Patna High Court CR. MISC. No.70336 of 2023(2) dt.06-11-2023 2/2 alleged recovery. No incriminating articles have been recovered from the conscious possession of the petitioner. He submitted that the as alleged incriminating articles have been recovered from the other co-accused persons. The provision of Section 100 of the Cr.P.C. has not been followed in this case. Only on the basis of suspicion, petitioner has implicated in the present case by the police due to his criminal antecedent. He is languishing in judicial custody since 08.06.2023.

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 as well as the period of custody, 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 S.D.J.M., Dhaka, East Champaran in connection with Dhaka P.S. Case No. 299 of 2023. (Sunil Kumar Panwar, J) Arish/- U T