Court granted bail to the petitioner in case involving offenses under IPC and Arms Act, subject to conditions regarding cooperation, absence, and verification of criminal antecedents.
Release on bail with bond of Rs. 10,000/- and two sureties of like amount, subject to specific conditions of conduct and antecedent verification.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3238 of 2023
Arising Out of PS. Case No.-300 Year-2022 Thana- MOTIPUR District- Muzaffarpur
======================================================
Manoj Kumar Son of Rambabu Sah, R/O Village- Kali Mandir Chapra, P.S.Kanti, Distt.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Alok Kumar Alok, Advocate For the Opposite Party/s : Mr. Mithlesh Kumar Khare, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
Heard learned counsel for the petitioner and learned
Petitioner seeks bail, who is in custody since
20.08.2022 in connection with Motipur P.S. Case No. 300 of 2022, F.I.R. dated 18.08.2022 for the offences punishable under Sections 399, 400, 401, 402 of the Indian Penal Code and Section 25(1-b)a, 26 of the Arms Act.
Recovery is of one country made pistol and one live cartridge have been recovered from the possession of the petitioner.
Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that one country made pistol and one live cartridge have been recovered from the possession of the
Patna High Court CR. MISC. No.3238 of 2023(2) dt.01-05-2023 2/3
petitioner. He further submits that nothing has been recovered from the conscious possession of the petitioner, rather the police has planted the same and shown the recovery from the possession of the petitioner. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in judicial custody since 20.08.2022.
The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries eight criminal antecedents other than the present one but fairly submits on the basis of averments in petition that petitioner has implicated five cases after the present F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-II, West, Muzaffarpur in connection with Motipur P.S. Case No. 300 of 2022, subject to the following conditions:-
Patna High Court CR. MISC. No.3238 of 2023(2) dt.01-05-2023 3/3
fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
(Rajesh Kumar Verma, J)
mdrashid/-
U T
1 issue framed by the court
Whether the petitioner, who has eight criminal antecedents and anticipates implication in five more cases, should be granted bail.
Manoj Kumar
The State of Bihar
RAJESH KUMAR VERMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
