Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74644 of 2024 Arising Out of PS. Case No.-322 Year-2024 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Manish Kumar Son of Kapil Singh R/vill - Ghatampur,P.s - Sasaram (M), (Karwandiya @ Karvandiya), Distt.- Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kuber Pathak, Adv.
For the Opposite Party/s :
Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 18-01-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner seeks bail in connection with Sasaram (M) (Karvandiya) P.S. Case No. 322 of 2024 dated 23.07.2024 registered for the offence punishable under Sections 127(1), 115(2), 109, 132 of the Bhartiya Nyay Sanhita.
3. The allegation against the petitioner is that on the alleged date of occurrence one person on motorcycle was caught by the police transporting illicit foreign liquor. When the police personnel tried to catch him then 2-3 persons thrashed the police personnel and out of them one person took out one pistol from his waist and fired on the
Patna High Court CR. MISC. No.74644 of 2024(3) dt.18-01-2025 2/3 constable, who was sitting on the back seat of motorcycle due to which he received injury in his left hand and the police personnel as well as the motorcycle fell down. The accused persons tried to flee away and they also fired upon the informant but the bullet did not hit him. Thereafter, the petitioner with other accused persons fled away on motorcycle.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that that seized motorcycle belongs to the petitioner and the said motorcycle has been taken in good faith by a person, who is neighbour of the petitioner, saying that he has to go to his relatives house but the person went on the place of occurrence. When the police raided on the said place, he left the motorcycle and fled away. It is submitted that on the basis of registration number BR24AD-9385 of the motorcycle, which belongs to the petitioner, he was called by the police and thereafter he was arrested by the police. It is further submitted that the petitioner is a handicapped person with 75% disability and he is man of one leg and he cannot move freely, this fact has
Patna High Court CR. MISC. No.74644 of 2024(3) dt.18-01-2025 3/3 been mentioned in the impugned order dated 12.09.2024. It is submitted that paragraph no. 14 of the Case Diary reveals that co-accused Parmindra Gaur fired at the police personnel. Lastly, it has been submitted that the petitioner is in custody since 30.07.2024, having one criminal case against him and charge-sheet has been submitted in the case.
5. Learned A.P.P for the State opposes the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Rohtas at Sasaram in connection with Sasaram (M) (Karvandiay) P.S. Case No. 322 of 2024.
(Khatim Reza, J) prabhat/- U T