Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28084 of 2018 Arising Out of PS. Case No.-195 Year-2017 Thana- IMAMGANJ District- Gaya ====================================================== Manish Kumar Son of Vinod Prasad Resident of Village - Dubhal Chandisthan, P.S. - Imamganj, District - Gaya. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Shivendra Prasad For the Opposite Party/s :

Mr. Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 10-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 14.11.2017 in connection with Imamganj P.S. Case No. 195 of 2017 for offences punishable under Sections 25(1-b) a, 26 of the Arms Act.

The prosecution case, as lodged by the police personnel, is that while on patrolling duty on the information that some persons have gathered near the bus-stand to commit crime, the police conducted a raid and some persons fled away, but the petitioner along with another co-accused were apprehended. On search, one country-made pistol with one live cartridge was recovered from the possession of the petitioner and, accordingly, a seizure-list was prepared.

Patna High Court Cr.Misc. No.28084 of 2018(2) dt.10-05-2018 2/2 It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case. He submits that no overt act has been alleged to have been committed by the petitioner and charge-sheet has already been submitted. 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 Sub-Divisional Judicial Magistrate, Sherghati, Gaya in connection with Imamganj P.S. Case No. 195 of 2017, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner. (Nilu Agrawal, J) Rajesh/- U T