Abhimanyu Kumar @ Mannu Sharma @ Abhimanyu Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85933 of 2023 Arising Out of PS. Case No.-232 Year-2023 Thana- BANMANKHI District- Purnia ====================================================== Abhimanyu Kumar @ Mannu Sharma @ Abhimanyu Sharma SON OF LAKSHMAN SHARMA RESIDENT OF VILLAGE- Rupnagra Ward No. 40, PS- Sadar, DISTT- SAHARSA ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Subesh Sharma, Adv.
For the Opposite Party/s :
Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-04-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Banmankhi P.S. Case No. 232 of 2023 dated 20.05.2023 registered for the offences punishable under Sections 341 and 307 read with Section 34 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 and 27 of the Arms Act.
3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have intercepted the vehicle of the informant and fired on them. Thereafter, police on information apprehended one miscreant who disclosed his name as Abhimanyu Kumar (petitioner) and also disclosed the name
Patna High Court CR. MISC. No.85933 of 2023(4) dt.03-04-2024 2/3 of the persons who fled away as Tripal Ram and Harihar Ram. On search, a bike without number, a country-made pistol, a live cartridge and a mobile phone were recovered from the apprehended person.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. It is further submitted that the petitioner has no concern with the alleged offence. The coaccused person has already been granted regular bail by this court vide order dated 12.10.2023 passed in Cr. Misc. No. 64820 of 2023. The petitioner is accused in eight other criminal cases and he is on bail in seven cases and one case is pending against him as stated in para 3 of the bail petition. The petitioner is in custody since 21.05.2023.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court
Patna High Court CR. MISC. No.85933 of 2023(4) dt.03-04-2024 3/3 concerned, Purnea in connection with Banmankhi P.S. Case No. 232 of 2023 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the prosecution will be at liberty to move for cancellation of his bail bond.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T