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Patna High CourtCR. MISC./4462/2020bail granted

Manu Khan @ Monu Khan v. The State Of Bihar

2020-05-29Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4462 of 2020 Arising Out of PS. Case No.-100 Year-2019 Thana- CHANDRADIP District- Jamui ====================================================== MANU KHAN @ MONU KHAN Son of Md. Siraj Khan @ Siraj Khan Resident of Village - Dinnagar, P.S. - Chandradeep, District - Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate, Ms. Vaisnavi Singh, Advocate, For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 29-05-2020 Heard Ms. Vaisnavi Singh, Advocate holding the brief of Sri Ajay Kumar Thakur, Advocate and learned A.P.P. for the State through video conferencing.

The petitioner seeks bail in connection with Chandradeep P.S. Case No. 100 of 2019, registered under Sections 302 and 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

The accusation is that Rajo Yadav, son of informant Jagdish Yadav, moved from his house on 23.08.2019 for purchasing medicine and personal work at Sheikhpura, but till late evening, he did not return. Thereafter, informant started search of his son and came to know from Dhaneshwar Yadav, Mukesh Yadav and Pravesh Yadav that his

Patna High Court CR. MISC. No.4462 of 2020(3) dt.29-05-2020 2/3 son was seen in between 5.30 to 6.00 P.M. moving with Manu Khan @ Mano Khan (petitioner) and Moon Khan on motorcycle and on query, Rajo Yadav disclosed that he is going with them to purchase edible items as both were friends. Later on, the informant reached at Chhathhiyara at the shop of Umesh Yadav, who also informed him about purchasing of some edible items by his son Rajo Yadav in the company of Manu Khan @ Mano Khan (petitioner) and Moon Khan. On the next morning, the dead body of his son was found lying in the field pooled with blood. The informant raised suspicion about committing murder of his son Rajo Yadav by petitioner and Moon Khan.

Learned counsel for the petitioner submits that it would appear from the F.I.R. that none had seen the occurrence of killing of Rajo Yadav, son of informant. Further submission is that it is only detailed in the F.I.R. that Dhaneshwar Yadav, Mukesh Yadav and Pravesh Yadav had seen the deceased Rajo Yadav with the petitioner and Moon Khan on motorcycle moving towards the market. The petitioner is the co-villagers of the informant and mere on suspicion, he has falsely been implicated in this case. The petitioner has no criminal antecedent and he is in custody

Patna High Court CR. MISC. No.4462 of 2020(3) dt.29-05-2020 3/3 since 29.08.2019 and after investigation, the Police has already submitted Chargesheet.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M-I, Jamui in connection with Chandradeep P.S. Case No. 100 of 2019.

(Rajendra Kumar Mishra, J) manish/- U T