Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18216 of 2024 Arising Out of PS. Case No.-155 Year-2023 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Manish Kumar, S/o Mahesh Yadav @ Mahesh Kumar Singh, R/o VillageGausaghat, P.S.- Sadar, Dist.- Darbhanga. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Girish Chandra Jha, Advocate For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 17-05-2024 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioner is named in the F.I.R. and apprehending his arrest in connection with Sadar P.S. Case No.155 of 2023 registered for the offences punishable under Sections 341, 307, 506 and 120-B read with 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The allegation against the petitioner is to open fire alongwith other co-accused persons upon informant and others, where informant received bullet injuries upon his chest by firing caused by other co-accused person, namely,

Patna High Court CR. MISC. No.18216 of 2024(3) dt.17-05-2024 2/3 Akshay Kumar @ Aman Kumar.

4. Learned counsel appearing on behalf of the petitioner submitted that no overt act appears against this petitioner from the narration of FIR during the course of occurrence. It is submitted that specific allegation of firing is available against co-accused Akshay Kumar @ Aman Kumar and not against this petitioner. While concluding the argument, it is submitted that petitioner was found involved in one more criminal case, where he is on bail.

5. Learned APP appearing on behalf of the State opposes the prayer for bail.

6. In view of the facts and circumstances as mentioned above and by taking note of the fact as specific allegation of firing and causing bullet injury is available against co-accused Akshay Kumar @ Aman Kumar and not against this petitioner, accordingly, the petitioner, above named, in the event of his arrest or surrender before the learned Court within a period of four weeks, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.18216 of 2024(3) dt.17-05-2024 3/3 each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga/concerned Court where the case is pending in connection with Sadar P.S. Case No.155 of 2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Chandra Shekhar Jha, J.) Sanjeet/- U T