Amit Kumar @ Mannu Kumar @ Mannu Ray @ Mannu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72465 of 2023 Arising Out of PS. Case No.-188 Year-2017 Thana- TEGHRHA District- Begusarai ====================================================== AMIT KUMAR @ MANNU KUMAR @ MANNU RAY @ MANNU SON OF SHIV SHAMBHU RAY @ SHAMBHU RAY @ SHAMBHU SHANKAR RAY @ SHAMBHU ROY R/O VILLAGE- GAURA-01 (GOURA) WARD NO.04, P.S.- TEGHRA, DISTRICT- BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-11-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Teghra P.S. Case no.188 of 2017 registered under sections 414 and 34 of the Indian Penal Code, sections 25(1-B)(a), 26 and 35 of the Arms Act and sections 3 and 5 of the Explosive Substance Act.

3. As per the prosecution case, the accused Shyam Sundar Kumar was arrested and from his possession, a country made prohibited firearm and ammunition as also one motorcycle besides other articles were recovered.

4. Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. In course of investigation, the name of the petitioner transpired in the confessional statement of the above co-accused Shyam Sundar Kumar who

Patna High Court CR. MISC. No.72465 of 2023(2) dt.09-11-2023 2/2 disclosed that co-accused has talked to this petitioner to demand rangdari from other persons. It is submitted that the petitioner is in custody in the instant case for more than five years since 26.5.2018.

5. The application for bail is opposed by learned A.P.P. for the State who submits that the petitioner has a number of criminal antecedents which would be evident from the order of the learned trial Court.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R., the name of the petitioner transpiring in course of investigation in the statement of the co-accused made before police which would be evident from the order of the learned trial Court together with the petitioner having remained in custody in the instant case for more than 5 years since 26.5.2018, the Court directs the petitioner to be enlarged on bail in connection with Teghra P.S. Case no.188 of 2017 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Teghra, District Begusarai.

(Partha Sarthy, J) Saurabh/- U T