Manish Kumar @ Mania v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25276 of 2015 Arising Out of PS.Case No. -402 Year- 2014 Thana -GOPALPUR District- BHAGALPUR ====================================================== Manish Kumar @ Mania S/o Bouku Mandal, R/o village Teliya Bathan, P.S.- Parvatta, District- Khagaria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhananjay Kumar Gupta, Adv For the Opposite Party/s : Mr. Dr.M.K.Gautam(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 26-08-2015 Heard learned counsel for the parties.

Having regard to the nature of allegation against the petitioner for the offences punishable under Sections-363, 365, 364, 302 and 201 of the Indian Penal Code and the admitted position that the petitioner was not named in the First Information Report and his implication has only been on account of the confessional statement of the co-accused, this Court was inclined to grant privilege of anticipatory bail but then it is found that the confessional statement of the two accused persons is inculpatory in nature as also on the basis of

Patna High Court Cr.Misc. No.25276 of 2015 (3) dt.26-08-2015 such confessional statement, the police has been able to recover the dead body as also the motorcycle in question.

Keeping all these aspects into consideration, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner.

That being so, the prayer for anticipatory bail of the petitioner is hereby rejected.

Nothing said in this order, however, will come in the way of the petitioner in surrendering before the Court below and seeking regular bail.

(Mihir Kumar Jha, J) Ranjan/- U T