Manjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58013 of 2018 Arising Out of PS. Case No.-200 Year-2018 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== Manjeet Kumar Son of Mako Mandal Resident of Village Chatanma, Ward No. 6, Police Station - Puraini, District - Madhepura. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Uday Chand Prasad For the Opposite Party/s :

Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 03-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 15.07.2018 in connection with Udakishunganj P.S. Case No. 200/2018 in Excise Case No. 433 of 2018 for offences punishable under Sections 25 (1-B)A, 26 and 35 of the Arms Act and 37 (b)(c) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, as lodged by the police personnel, is that on secret information that two criminals are planning to commit crime and are coming towards Karchakka Basa in a motorcycle, the police apprehended the petitioner and another accused Mukesh Singh. From the possession of other accused one country-made pistol and one live cartridge was

Patna High Court Cr.Misc. No.58013 of 2018(2) dt.03-10-2018 2/2 recovered and the petitioner was in a drunken condition which was confirmed in the police station through breath analyser. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and no case under the Arms Act is made out against him as he was not found in possession of the arms and that he has been punished enough as he is languishing in judicial custody for more than two months.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. District and Sessions Judge-II, Special Judge, Excise Act, Madhepura, in connection with Udakishunganj P.S. Case No. 200/2018 in Excise Case No. 433 of 2018.

(Nilu Agrawal, J) Rajesh/Pragya U T