Manish Kumar Soni @ Alankar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24628 of 2017 Arising Out of PS.Case No. -173 Year- 2015 Thana -RAJAPAKAR District- VAISHALI(HAJIPUR) ====================================================== Manish Kumar Soni @ Alankar, son of Satya Prakash, resident of VillageMohammadpur, P.S.- Town Begusarai, District- Begusarai. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. S.N.P. Sinha, Sr.Advocate with M/S Jitendra Narain Sinha, Kanchan Kumari, Advocates For the Informant : Mr. Sanjay Kr. Singh, Advocate For the Opposite Party/s : Mr. Binod Kumar 2, APp ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-08-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Rajapakar (Baranti O.P.) P.S.Case No. 173 of 2015 registered for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code.

Petitioner is named in the FIR and the case is under Section 302 IPC.

It has been submitted on behalf of the petitioner that except suspicion there is absolutely nothing against the petitioner and the mobile found does not belong to the petitioner and later on he has been implicated in this case falsely.

Heard learned APP and learned counsel for the

Patna High Court Cr.Misc. No.24628 of 2017 (4) dt.01-08-2017 2/3 informant also. Learned counsel for the informant has drawn my attention to the supervision note of Dy.S.P. and other paragraphs of the case diary and the same appears to be after three months of the occurrence and it is alleged that petitioner has illicit relationship with the wife of deceased and it has also been submitted that there is motive behind the occurrence as petitioner has taken Rs.1.25 lakhs from the deceased and for that he has killed the deceased.

Having heard both sides and in view of the fact that there is suspicion against the petitioner and there is absolutely no motive behind the occurrence and nobody has seen the petitioner along with the deceased, let the petitioner, named above, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-VII, Vaishali at Hajipur, in connection with Rajapakar (Baranti O.P.) P.S.Case No. 173 of 2015, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

Patna High Court Cr.Misc. No.24628 of 2017 (4) dt.01-08-2017 3/3 (iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U