Manish Singh @ Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21590 of 2021 Arising Out of PS. Case No.-490 Year-2020 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== MANISH SINGH @ MANISH KUMAR Son of Jitendra Singh Resident of Village- Pakdi Aasli, P.S.- Sahebganj, District- Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar Verma, Advocate For the State :
Ms. Asha Devi, APP For the Informant :
Mr. Bijoy Prakash Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 30-11-2021 Heard learned counsel for the parties.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 120B and 34 of the Indian Penal Code.
As per the prosecution case, it is stated by the informant that soon after her husband left home, hulla was raised that he had been killed. On going near the place of occurrence she saw the dead body. She states that she is convinced that the 12 named accused persons including the petitioner herein have a hand in the killing of her husband. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. There are no eye-witness to the alleged occurrence. As a result of
Patna High Court CR. MISC. No.21590 of 2021(4) dt.30-11-2021 2/2 enmity between the parties, the petitioner has been named. In the FIR, only an unfounded suspicion has been raised. The petitioner is in custody since 10.9.2020 and charge sheet has been submitted in the case.
The application for bail is opposed by learned APP for the State and learned counsel for the informant. It is submitted by learned counsel for the informant that material has transpired against the petitioner in course of investigation to the effect that the dead body of the husband of the informant was found next to the house of the petitioner.
Having heard learned counsel for the parties and taking into consideration the facts of the case, the material that has transpired in course of investigation and the petitioner having remained in custody for over 1 year, the Court directs the petitioner to be enlarged on bail in connection with Sahebganj P.S. Case no. 490 of 2020 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 Chief Judicial Magistrate, Muzaffarpur.
(Partha Sarthy, J) Prakash/- U