Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82160 of 2019 Arising Out of PS. Case No.-224 Year-2018 Thana- SILAO District- Nalanda ====================================================== MANOJ KUMAR Son of Mr. Sahdeo Mahto Resident of Mohalla - Nanand, P.S.- Silao, District - Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Silao P.S. Case No. 224 of 2018 registered for the offence punishable under sections 25(1-b)a/25(1) (AA)/26/35 of the Arms Act.

As per allegation in the FIR, the petitioner who is named accused in the FIR had moved before this Court earlier for grant of bail which was rejected vide order dated 28.05.2019 (Annexure-I) passed in Cr. Misc. no. 15101 of 2019. It is submitted by learned counsel for the petitioner that while rejecting the earlier application for bail of the petitioner vide order dated 28.05.2019, the Court had granted liberty to the petitioner to renew his prayer for bail after six

Patna High Court CR. MISC. No.82160 of 2019(3) dt.17-12-2019 2/2 months if no substantial progress is made in the trial. It is further submitted that it has categorically been stated in paragraph-15 of the petition that although the case has been committed, however, charge has still not been framed. The petitioner is in custody since 13.10.2018.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the liberty granted by the Court in its order dated 28.05.2019 and the petitioner being in custody since 13.10.2018, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-IInd, Nalanda at Biharsharif in connection with S.T. No. 534 of 2019 arising out of Silao P.S. Case No. 224 of 2018. (Partha Sarthy, J) sushma/- U