Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51721 of 2017 Arising Out of PS.Case No. -335 Year- 2016 Thana -CHANDI District- NALANDA (BIHARSHARIFF) ====================================================== Manish Kumar, Son of Radheshyam Singh @ Mistri, Resident of VillageHarnaut Patel Nagar, Police Station- Harnaut, District- Nalanda. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Mr. Sri Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-12-2017 The petitioner seeks bail in connection with Sessions Trial No. 514 of 2017, arising out of Chandi (Bena) P.S. Case No. 335 of 2016 dated 12.11.2016 instituted for the offence under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

The wife of the deceased has alleged in the F.I.R that when her husband/deceased did not come back for lunch, she enquired from him on phone. The deceased is said to have told her that he is in company of the petitioner and others and that he would take lunch outside. Later, the dead body of the deceased was found with two gunshot injuries. But for the fact that the deceased had told the informant that he was in company of the petitioner and others for

Patna High Court Cr.Misc. No.51721 of 2017 (3) dt.05-12-2017 2/2 taking lunch, there is no other material to connect the petitioner with the crime. It appears that the petitioner has been made accused in this case only on the basis of suspicion. The petitioner is in custody since 06.04.2017. Taking into account the aforesaid facts as also that petitioner does not bear any criminal antecedents, this Court is inclined to grant bail to the petitioner.

The petitioner, above named, is directed to be released on bail on his furnishing bail bonds of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned IIIrd Additional Sessions Judge, Hilsa, Nalanda in connection with Sessions Trial No. 514 of 2017, arising out of Chandi (Bena) P.S. Case No. 335 of 2016. (Ashutosh Kumar, J) Shageer/- U T