Vivek Kumar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83499 of 2023 Arising Out of PS. Case No.-304 Year-2023 Thana- MANJHAGARH District- Gopalganj ====================================================== Vivek Kumar Manjhi Son Of Mr. Babudhan Manjhi R/O VillageMahmudpur, P.S.- Badahariya, Dist.- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arbind Kumar Singh For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 394 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of Arms Act.

3. As per prosecution case, while the informant was going by his motorcycle, in the meantime, some unknown miscreants surrounded him snatched his bag containing cash of Rs. 45,000/- along with mobile and Aadhar card of the informant on pistol point. The accused persons started fleeing but one of them was caught who disclosed the name of the petitioner as his associate.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.83499 of 2023(3) dt.23-01-2024 2/2 falsely been implicated in this case on the basis of disclosure made by co-accused Meral Ali who was apprehended on spot. During course of investigation, this petitioner was arrested from whose possession some articles along with eight thousand rupees were recovered but the petitioner claimed that the seized money his own. No T.I.P. was conducted in the present case. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition and he is languishing in judicial custody since 31.8.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Manjhagarh P.S. Case No. 304 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj.

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