Manjeet Kumar @ Manjeet Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5363 of 2025 Arising Out of PS. Case No.-469 Year-2024 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Manjeet Kumar @ Manjeet Sah Son of Late Vindeshwari Sah @ Late Bindeshwari Sah @ Late Patau Sah Resident of Village- Pratap Patti, Ward No.- 08, Sahebganj PS- Sahebganj, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Anita Kumari, APP For the Informant :

Mr. Avanish Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-04-2025 Heard learned counsel for the petitioner, learned APP for the State, learned counsel for the informant and perused the case diary.

2. The petitioner seeks bail in connection with Sahebganj P.S. Case No. 469 of 2024, instituted for the offences punishable under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that, the petitioner along with other co-accused person stabbed cousin of the informant with knife, resulting in his death.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No

Patna High Court CR. MISC. No.5363 of 2025(3) dt.30-04-2025 2/3 incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that there is delay of two days in lodging the FIR. The FIR has been lodged after postmortem was done only to corroborate the injury with FIR. It is next submitted that during investigation, no complicity of the petitioner in this case was found and he has not been sent up but still the learned Court below has taken cognizance against the petitioner on 20.12.2024. It is further submitted that no witnesses have supported the prosecution story, rather none of the witnesses have stated anything about the petitioner's role in the present case. The petitioner is in custody since 16.09.2024 and has got no criminal antecedent.

5. Learned APP for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two

Patna High Court CR. MISC. No.5363 of 2025(3) dt.30-04-2025 3/3 sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sahebganj P.S. Case No. 469 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T