Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12430 of 2024 Arising Out of PS. Case No.-187 Year-2023 Thana- DEV District- Aurangabad ====================================================== Manish Kumar S/o Late Rajesh Paswan R/o vill - Kumhar Bigha, P.s .- Deo, Distt. - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Mukul Kumari, Advocate For the State :

Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Deo P.S. Case No. 187 of 2023 instituted for the offence under Sections 147, 149, 341, 323, 324 & 307 of the Indian Penal Code.

3.

Prosecution case in short is that informant was assaulted by co-accused persons including the petitioner, due to which he sustained injuries.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 29-07-2023. Petitioner is a man of clean antecedent.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.12430 of 2024(2) dt.28-02-2024 2/2 counsel that petitioner has been falsely implicated in the present case. There is no specific allegation attributed to the petitioner, rather specific allegation is against co-accused, namely, Raj Kumar Paswan. There is general and omnibus allegation against the petitioner. Petitioner and informant are classmates. Other coaccused have been allowed bail by a Co-ordinate Bench of this Court vide order dated 28-11-2023, passed in Cr. Misc. No. 74312 of 2023.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner 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 Court below/concerned Court in connection with Deo P.S. Case No. 187 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T