Patna High CourtCR. MISC./85878/2023allowed

Manish Kumar v. The State Of Bihar

2024-01-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85878 of 2023 Arising Out of PS. Case No.-296 Year-2023 Thana- SARAI RANJAN District- Samastipur ====================================================== Manish Kumar S/O Sanjit Kumar Rajak @ Sanjay Rajak R/O VillageJitwarpur Kumhira, Tole Mahri, Ward No. 10, P.S- Sarairanjan, Distt.- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhay Shanker Singh For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-01-2024 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 sections 25(1-b)a, 26, 35, 25(9) of Arms Act.

3. According to the FIR, it is alleged that a video was viral in which the petitioner along with co-accused were performing dance having arms in their hand. On this information, the petitioner was apprehended and one country made pistol was recovered from his house.

4. 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 has no

Patna High Court CR. MISC. No.85878 of 2023(2) dt.11-01-2024 2/2 concerned with the alleged arms seized by the police. He has got no criminal antecedent as stated para-3 of the bail petition and languishing in judicial custody since 27.10.2023.

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 of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail after framing of charge, if not framed in connection with Sarairanjan P.S. Case No. 296 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 Additional Chief Judicial Magistrate-III, Samastipur. (Sunil Kumar Panwar, J) Amandeep/- U T