Kailash Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.338 of 2024 Arising Out of PS. Case No.-408 Year-2023 Thana- RAJAON District- Banka ====================================================== Kailash Manjhi s/o Late Ambika Manjhi Vill.- Nawada Bazar, Mushari Tola, P.s- Rajoun(nawada O.P.), Dist.-banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-01-2024 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 25(1b)a, 26, of the Arms Act.

3. As per FIR, on secret information, the petitioner was apprehended in his house, upon search one loaded Katta along with two live cartridges were recovered from his bed .

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case merely on the basis suspicion. The petitioner has no concern with the alleged recovery rather he has been made

Patna High Court CR. MISC. No.338 of 2024(2) dt.12-01-2024 2/2 accused in this case due to high handedness of the police officials. It is further submitted that the petitioner has got no criminal antecedent. During preparation of seizure list, Section 100 of the Cr.P.C. has not been complied. Moreover, he is languishing in judicial custody since 17.08.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail after framing of charge, if not framed. The above named petitioner is directed to be released on bail in connection with Rajoun(Nawada O.P.) P.S. Case No. 408 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 Judicial Magistrate-Ist Class, Banka. (Sunil Kumar Panwar, J) Amandeep/- U T