Manish Kumar @ Golu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18315 of 2019 Arising Out of PS. Case No.-178 Year-2018 Thana- PATEPUR District- Vaishali ====================================================== MANISH KUMAR @ GOLU Son of Rakesh Kumar Singh, Resident of Village- Mukundpur Sivghara, Police Station- Mahua, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

Counsel for the petitioner is permitted to make necessary correction in paragraph 3 of the main application in the light of statement made in the supplementary affidavit in course of the day. The petitioner seeks bail in a case instituted for the offences under Sections 395, 397 of the Indian Penal Code and 27 of the Arms Act.

Prosecution case, in short, is that while the informant was returning from his shop at night, the accused persons, fired at him due to which he sustained injury and in the meantime, the accused persons looted the bag containing cash amount of Rs. Five lacs thirty thousand along with other articles and fled away. It has been submitted on behalf of the petitioner that the petitioner is in custody since 12.11.2018. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of

Patna High Court CR. MISC. No.18315 of 2019(3) dt.02-05-2019 2/2 tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has come in course of investigation merely on the basis of confidential information. The source of confidential information has not been disclosed by the prosecution. There is no recovery of any incriminating articles from the possession of the petitioner. The petitioner has not been put on T.I.P. Other co-accused has been granted bail vide order dated 19.4.2019 passed in Cr. Misc. No. 24962 of 2019.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Judge-XIcum- A.C.J.M.-X, Vaishali at Hajipur in connection with Patepur P.S. Case No. 178 of 2018.

(Sudhir Singh, J) Pankaj/- U T