Mantu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19318 of 2023 Arising Out of PS. Case No.-328 Year-2022 Thana- CHENARI District- Rohtas ====================================================== MANTU KUMAR S/O-KALENDRA PRASAD Village- Thanua PsSheosagar Dist- Rohtas at Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghunandan Kumar Singh For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302, 120(B)/34 of the Indian Penal Code.

The allegation against the petitioner along with others is of killing the son of the informant with hatchy conspiracy. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Petitioner is not named in the FIR. The name of the petitioner has come into light, on the basis of confessional statement of co-accused Ashok Kumar Singh @ Jhuman, which has got no evidentiary value in the eyes of law. Informant is not the eye witness of the alleged occurrence and except suspicion

Patna High Court CR. MISC. No.19318 of 2023(3) dt.17-07-2023 2/2 no cogent material/evidence has come against the petitioner to show his involvement in the said occurrence. He further submitted that the other co-accused, who is named in the FIR has already been granted bail by this Bench vide order dated 20.06.2023 passed in Cr. Misc. No. 14744 of 2023. It is also submitted that petitioner is languishing in judicial custody since 05.11.2022.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Chenari P.S. Case No. 328 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateII, Rohtas at Sasaram. (Sunil Kumar Panwar, J) lata/- U T