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Patna High CourtCR. MISC./15881/2023allowed

Manish Das @ Manish Kumar @ Manish Kumar Das v. The State Of Bihar

2023-07-17Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15881 of 2023 Arising Out of PS. Case No.-224 Year-2021 Thana- BAKHARI District- Begusarai ====================================================== 1.

Manish Das @ Manish Kumar @ Manish Kumar Das S/O Mahendra Das R/O Village- Salauna, P.S- Bakhri, District- Begusarai 2.

Thekedar Dharmender Das @ Dharmendra Tanti S/O Devu Das R/O Village- Balaha, P.S- Dandari, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Singh For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-07-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are languishing in custody in a case registered for the offences punishable under Sections 406, 302, 34 of the Indian Penal Code. The prosecution case as per F.I.R is that the petitioners took the husband of the informant to Oddisa for providing him labour job and thereafter, the informant has no knowledge about the whereabouts of her husband and when she went to enquire about her husband with the petitioners they threatened of dire

Patna High Court CR. MISC. No.15881 of 2023(3) dt.17-07-2023 2/3 consequences. The informant, therefore, raised suspicion that these petitioners might have killed her husband. It is submitted by learned counsel for the petitioners that petitioners are innocent and they have falsely been implicated in this case. Neither any witness has seen the victim with the petitioners nor the victim had gone with them and the present case has been lodged against the petitioners only on the basis of suspicion and village politics. During the course of investigation, no any independent witness has named the petitioners. The petitioners are languishing in custody since 29.11.2022.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioners.

Considering the facts aforesaid and the period under custody, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) each with two sureties of the like

Patna High Court CR. MISC. No.15881 of 2023(3) dt.17-07-2023 3/3 amount each to the satisfaction of learned Additional Chief Judicial Magistrate, VI, Begusarai in connection with Bakhri P.S. Case No. 224 of 2021.

(Sunil Kumar Panwar, J) Shageer/- U T