Manish Kumar @ Manish Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27402 of 2024 Arising Out of PS. Case No.-448 Year-2023 Thana- WARISLIGANJ District- Nawada ====================================================== Manish Kumar @ Manish Kumar Singh SON OF SHYAM KISHORE SHARMA VILLAGE - LARI, PS- KURTHA, DIST- ARWAL ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shivendra Prasad, Advocate For the Opposite Party/s :
Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 21-06-2024 Heard learned counsel for the petitioner, learned counsel for the Informant and learned APP for the State.
2. The petitioner seeks bail in connection with Warsaliganj P.S. Case No. 448 of 2023 registered for the offence under Sections 302 and 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, it is a case of murder of the son of the informant by the accused persons.
4. Learned counsel for the petitioner has submitted that petitioner has falsely been implicated in this case. He next submits that the informant is not an eye witness to the alleged occurrence and he is in custody since 04.10.2023. 5.
Learned APP appearing for the State as well
Patna High Court CR. MISC. No.27402 of 2024(4) dt.21-06-2024 2/2 as the Informant opposes the prayer for bail of the petitioner.
6. On perusal of the first information report as well as impugned order dated 29.01.2024, it appears that the petitioner is not named in the first information report and at the time of occurrence he was not present at the spot and only one country pistol has been recovered from the possession of the petitioner and there is no involvement for the alleged occurrence in this case and similarly situated co-accused has already been granted bail by a Co-ordinate Bench of this Court passed in Cr. Misc. No.18016 of 2024, so in these circumstances, I am inclined to grant bail to the petitioner.
7. Prayer for bail of the petitioner is allowed. Let the petitioner, above named, be directed to be released on bail in connection with Sessions Trial No. 39 of 2024 arising out of Warsaliganj P.S. Case No.448 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-III, Nawada.
(Ramesh Chand Malviya, J) Brajesh Kumar/- U T