Manu Kumar @ Abhimanyu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21866 of 2024 Arising Out of PS. Case No.-449 Year-2022 Thana- PAHARPUR District- East Champaran ====================================================== Manu Kumar @ Abhimanyu Kumar SON OF PARMANAND PRASAD RESIDENT OF VILLAGE- DUMARIYA, PS- BAIRIYA, DISTT- WEST CHAMPARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sarvesh Kashyap, Advocate For the Opposite Party/s :
Mr. Shaheen Begum , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner and the State.
2. The petitioner apprehends arrest in a case registered for the offence punishable under sections 302/34 of the Indian Penal Code.
3. As per the prosecution case, three unknown accused persons came to the house of the informant with whom his son went somewhere. After sometime his dead body was recovered with multiple stab injuries.
4. It is submitted on behalf of the petitioner that the petitioner is not named in the First Information Report. Petitioner's name has transpired in this case during course of investigation on the basis of confessional statement of coaccused Subhash Kumar and Purnima Devi to the effect that the
Patna High Court CR. MISC. No.21866 of 2024(2) dt.04-04-2024 2/2 petitioner and other accused persons committed murder of the son of the informant which has got no evidentiary value. Learned counsel submits that save and except confessional statement, there is no other direct or indirect evidence against the petitioner to show his complicity in the occurrence . Similarly situated co-accused persons have already granted bail by this Court vide order dated 07.03.2024 in Cr. Misc. No. 1898 of 2024 . Petitioner claims clean antecedent. 5 . Learned counsel for the State opposes the bail petition .
6. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Motihari, East Champaran in connection with Paharpur Police Station Case No. 449 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure . (Prabhat Kumar Singh, J) Koushik/- U T