This order grants regular bail to the petitioner in an arms possession case, noting the absence of criminal antecedents and the petitioner's custody since January 15, 2020, while adhering to lockdown guidelines.
Petitioner released on regular bail by furnishing bond of Rs. 20,000 with two sureties of equal amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19442 of 2020
Arising Out of PS. Case No.-18 Year-2020 Thana- EKMA District- Saran
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Shailesh Manjhi @ Shailesh Kumar Manjhi gender male aged about 25 years Son of Dinesh Manjhi resident of Village Ekma, Police Station Ekma, District Saran at Chapra.
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Ravindra kumar For the Opposite Party/s : Mr. Anil Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
2 10-06-2020 Heard Mr. Ravindra Kumar, learned counsel for the petitioner and Mr. Anil Kumar, learned Additional Public Prosecutor appearing for the State through video conferencing.
The petitioner seeks regular bail in connection with Ekma P.S. Case No. 18 of 2020 registered for the offence punishable under Section 414 of the Indian Penal Code, 1860 and Section 25 (1-b) a / 26 / 35 of the Arms Act.
The allegation against the petitioner is that the Police got secret information that three persons with a motorcycle were standing near a bridge in suspicious condition proceeded towards the place of occurrence and recovered fire arms from the possession of the co-accused Anubhav Kumar Singh and Rohit Mahto and a mobile phone was recovered from the possession of the petitioner. It has further been alleged that all the accused persons were found along with the motorcycle having no Number Plate.
Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.19442 of 2020(2) dt.10-06-2020 2/2
petitioner has falsely been implicated in this case with oblique motive. Learned counsel further submits that no incriminating material has been recovered from possession of the petitioner and only a mobile phone was allegedly recovered from his pocket. Learned counsel further submits that petitioner has got no criminal antecedent and he is in custody since 15th January, 2020.
Having regard to the submissions made by the parties and taking into consideration the fact that petitioner has got no criminal antecedent and he is in custody since 15.01.2020, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20,000/(twenty thousand) with two sureties of the like amount each to the satisfaction of learned Special A.C.J.M. 1st Saran at Chapra in connection with Ekma P.S. Case No. 18 of 2020.
It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding lockdown and social distancing.
praful/-
(Anil Kumar Sinha, J)
U T
1 issue framed by the court
Whether the petitioner should be granted regular bail pending trial in the arms possession case.
2 provisions across 2 enactments
Shailesh Manjhi @ Shailesh Kumar Manjhi
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
