Patna High CourtCR. MISC./8948/2024bail granted

Manoj Jaiswal @ Manoj Kumar Jaiswal v. The State Of Bihar

2024-04-09Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8948 of 2024 Arising Out of PS. Case No.-459 Year-2018 Thana- FALKA District- Katihar ====================================================== MANOJ JAISWAL @ MANOJ KUMAR JAISWAL S/O CHHATHI LAL BHAGAT R/O VILLAGE- ITHARI, P.S- DHAMDAHA, DISTT.- PURNEA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md Musowir For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 09-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks bail in a case registered for the offences punishable under Sections 394 and 302 of the Indian Penal Code.

3. As per allegation in the FIR, it a case of shot fire by the miscreants and one Mukesh Kumar was died and they also looted Rs. 68,000/- alongwith other relevant papers.

4. Learned counsel for the petitioner submits that the petitioner is innocent, committed no offence and has falsely been implicated in this case. He further submits that no recovery was made from the possession of the petitioner and the petitioner is not named in the FIR. Petitioner is in custody since 04.01.2024. Similarly situated co-accused person, namely,

Patna High Court CR. MISC. No.8948 of 2024(3) dt.09-04-2024 2/2 Fucho Yadav @ Sanjay Yadav has already been granted bail by co-ordinate Bench of this Court in Cr Misc. No. 7887 of 2019 vide order dated 25.04.2019.

5. However, learned APP for the State vehemently opposed the prayer for regular bail.

6. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - V, Katihar, District - Katihar in connection with Falka (Pothia) P.S. Case No. 459 of 2018.

(Ramesh Chand Malviya, J) saurabhkr/- U T