Manish Pandey @ Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 2367 of 2024 Arising Out of PS. Case No.-127 Year-2023 Thana- HATHAURI District- Muzaffarpur ====================================================== Manish Pandey @ Manish Kumar Late Ram Ekbal Pandey Resident of village - Paramjiwar, P.S.- Hathauri, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subodh Kumar For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Sessions Tiral No. 731 of 2023 arising out of Hathauri P.S Case No. 127 of 2023 registered for the offences punishable under Sections 399, 402 of the Indian Penal Code read with Sections 25(1-b)A and 26/35 of the Arms Act.

3. As per prosecution case, one country made pistol loaded with .315 bore cartridge was recovered from the petitioner.

4. Learned counsel for the petitioner submits

Patna High Court CR. MISC. No. 2367 of 2024(3) dt.20-03-2024 2/3 that petitioner has falsely been implicated in this case. It is further submitted that on perusal of the FIR there is no independent witness of the seizure list. It is also submitted that petitioner is in judicial custody since 29.05.2023.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail after framing of the charge on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-V, Muzaffarpur in connection with essions Tiral No. 731 of 2023 arising out of Hathauri P.S Case No. 127 of 2023.

7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 days from the date of receipt of a copy of

Patna High Court CR. MISC. No. 2367 of 2024(3) dt.20-03-2024 3/3 this order. However, it is made clear that if the chargesheet has not been submitted then the petitioner shall be released on bail on the above conditions and he shall be present physically on each and every date before the trial court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Mayank/- U