Bharat Paswan @ Bharat Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75220 of 2022 Arising Out of PS. Case No.-351 Year-2021 Thana- BETTIAH CITY District- West Champaran ====================================================== Bharat Paswan @ Bharat Manjhi Son Of Mohan Manjhi R/O Vill.- Brijbaniya Chowk, P.S.- Sirisiya O.P., Distt.- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Bettiah (Town) P.S. Case No. 351 of 2021 registered under sections 399, 402, 413 and 414 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.

Allegation against the petitioner along with other coaccused persons is that the police party raided the place and apprehended some accused persons and from their possession, some country made pistols with live cartridges, motorcycle and some other things have been recovered. It is further alleged that this petitioner somehow managed to escape from the place of

Patna High Court CR. MISC. No.75220 of 2022(2) dt.24-03-2023 2/3 occurrence.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner was not apprehended on spot, his name came in the F.I.R. on the basis of confessional statement of apprehended co-accused person before the police. No any incriminating arms or ammunition has been recovered from his conscious possession. He has no concern either with the alleged offence or with the apprehended co-accused persons. He is languishing in judicial custody since 23.08.2022. Similarly situated other co-accused persons have already been granted bail by the different co-ordinate Bench of this Court which is annexed as Annexure-2 series of this petition.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Bettiah (Town) P.S. Case No. 351 of 2021 on furnishing bail bond of

Patna High Court CR. MISC. No.75220 of 2022(2) dt.24-03-2023 3/3 Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bettiah, West Champaran.

(Sunil Kumar Panwar, J) shubham/- U T