Manish Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.30445 of 2015 (2) dt.07-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30445 of 2015 Arising Out of PS.Case No. -645 Year- 2005 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ====================================================== Manish Kumar, son of Sri Ramakant Singh, resident of village Jwash, P.S. Baraihiya, District - Lakhisarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amiya Kunal For the Opposite Party/s : Mr. Bharat Lal(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 07-08-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Kotwali P.S. Case No. 645 of 2005 registered for the offences punishable under Sections 302 and 201 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner is not named in the FIR. On the contrary, FIR was registered taking the name of one Amit Kumar Singh, son of Ramakant Singh. However, at some stage of the investigation the petitioner's name was inserted using as alias name and therefore, he is facing prosecution. It is further submitted that no incriminating material has been found from the possession of the petitioner and that admittedly, as per the FIR, the two boys who had stayed in the hotel were aged about 25-30 years. However, the petitioner's age is only 16 years. It is

Patna High Court Cr.Misc. No.30445 of 2015 (2) dt.07-08-2015 further submitted that the petitioner has no criminal antecedent.

Considering the aforesaid submissions and also the fact that the petitioner has no criminal antecedent, let the petitioner above named, in the event of his arrest or surrender before the Court below within a period of three weeks from the date of receipt/production of a copy of this order, 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 the Chief Judicial Magistrate, Bhagalpur in connection with Kotwali P.S. Case No. 645 of 2005, subject to the conditions as laid down under Section 438 (2) of the Cr. P.C.

(Anjana Mishra, J) Jagdish/- U T