Manish Kumar @ Brahil Gop v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26146 of 2023 Arising Out of PS. Case No.-122 Year-2021 Thana- BARBIGHA District- Sheikhpura ====================================================== MANISH KUMAR @ BRAHIL GOP S/O VIRESH YADAV R/O VillagePariauna, P.S- Noorsarai, Distt.- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kishor Prasad For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner has preferred this application for grant of regular bail in connection with Barbigha P.S. Case No 122 of 2021 dated 27.4.2021 registered for the offences punishable u/s 395 & 412 of the Indian Penal Code.

As per the prosecution case, 7-8 unknown miscreants entered the house of the informant and tied the hands and legs

Patna High Court CR. MISC. No.26146 of 2023(2) dt.24-05-2023 2/3 of the informant and his wife and assaulted and abused them. They also looted clothes, jewelries, mobiles, utensils, T.V and other valuable articles from the house of the informant. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Learned counsel has further submitted that the petitioner is not named in the F.I.R. The name of the petitioner has sprung up only on the basis of confessional statement of coaccused Gorelal Yadav. No TIP has been conducted by the prosecution. The petitioner has got 7 criminal antecedents and he is on bail in all the cases as stated in para 3 of the bail petition. The petitioner is in custody since 25.01.2023. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Sheikpura in connection with Barbigha P.S. case No. 122 of 2021.

Patna High Court CR. MISC. No.26146 of 2023(2) dt.24-05-2023 3/3 The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T