Manjeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75657 of 2023 Arising Out of PS. Case No.-292 Year-2023 Thana- BARAULI District- Gopalganj ====================================================== Manjeet Kumar Son of Dhulan Sah Resident Of Village Banjariya Ps Mahmudpur District Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhramveer, Advocate For the Opposite Party/s :
Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-12-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Barouli P.S. case No. 292 of 2023 instituted for the offences under Sections 399, 402, 414, 34 of the Indian Penal Code and Section 25(1-b)a/26/25 of the Arms Act and Section 8/20 (b)(II)(A) of the N.D.P.S. Act.
3. Prosecution allegation, in short, is that 1 Kg. Ganja, arms and ammunition, cash, ornaments etc. were recovered from the white coloured 'Scorpio' beneath the seat of the driver. One loaded country-made katta was also recovered from the possession of the petitioner.
4. It has been submitted on behalf of the petitioner that
Patna High Court CR. MISC. No.75657 of 2023(2) dt.06-12-2023 2/2 the petitioner is in custody since 10.07.2023 and has 4 criminal antecedents. The petitioner has falsely been implicated in the present case. There is non-compliance of Section 100 of the Cr.P.C. It is further submitted that the seized contraband is of small quantity. The co-accused Parwej Alam, on similar footing, has already been granted bail by the co-ordinate Bench of this Court vide order dated 12.10.2023 passed in Cr. Misc. No. 65042 of 2023.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Barouli P.S. case No. 292 of 2023.
(Rudra Prakash Mishra, J) Alok Verma/- U T