Manik Singh @ Manik Kumar @ Aditya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4372 of 2022 Arising Out of PS. Case No.-340 Year-2020 Thana- PHULWARISHARIF District- Patna ====================================================== Manik Singh @ Manik Kumar @ Aditya Kumar S/O- Sri Manoj Singh Resident of Village- Shambhupura, P.S.- Naubatpur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Pathak, Advocate For the Opposite Party/s :

Mr. Nagendra Prasad, App ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 06-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Phulwari Sharif (Janipur) P.S. Case No. 340 of 2020 instituted for the offences under Sections 120-B, 328, 302, 506 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 02.08.2021, charge-sheet has been submitted in the case and has antecedent of 16 cases. Learned counsel for the petitioner submits that there is no allegation against the petitioner in the F.I.R. He is not named in the F.I.R. Learned counsel for the petitioner further submits that the informant alleges that on 22.06.2020, his son on a call of Sonu Kumar went to attend a dinner in a hotel in the night. In

Patna High Court CR. MISC. No.4372 of 2022(2) dt.06-06-2022 2/3 the next morning, there was hulla, the dead body of the deceased was found lying near boundary of Randhir Singh. Thus, the informant alleges that on account of dispute relating to money between his nephew (Amresh Kumar) and the accused persons named in the F.I.R. might have killed his son by poisoning as his son had intervened on behalf of Amresh Kumar, when accused were threatening him and accused Arun Kumar had called and threatened the deceased of dire consequences if money not paid.

Learned counsel for the petitioner further submits that there is no any eye witness to the occurrence. The entire allegation on the basis of suspicion and the dispute, if any, relating to money of the accused was with Amresh Kumar and not with the son of the informant.

Learned counsel for the petitioner further submits that the name of this petitioner transpired during the course of investigation after one year of the occurrence in the case diary. It is further submitted that Bhushan Sharma / Bhushan Kumar has been granted bail by the Co-ordinate Bench of this Court vide order dated 13.04.2022 passed in Cr. Misc. No. 66844 of 2021.

Learned A.P.P. for the State vehemently opposes the

Patna High Court CR. MISC. No.4372 of 2022(2) dt.06-06-2022 3/3 prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 02.08.2021, charge-sheet has been submitted in the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IX, Patna in connection with Phulwari Sharif (Janipur) P.S. Case No. 340 of 2020.

(Khatim Reza, J) Gaurav Kumar/- U T