Manish Kumar @ Rajnish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23182 of 2020 Arising Out of PS. Case No.-32 Year-2019 Thana- KHAGAUL District- Patna ====================================================== Manish Kumar @ Rajnish Kumar Son of Indrasen Kumar Resident of Village-Dilawarpur, P.S.-Bihta, District-Patna ... Petitioner

Versus

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

For the Petitioner :

Mr.Ashok Kumar Sinha, Advocate For the Opposite Party :

Mr.Bhanu Pratap Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-09-2020 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor representing the State. The petitioner seeks bail in a case registered for the offence punishable under sections and other ancillary sections of the Indian Penal Code.

On some suspicion police accosted some miscreants and arrested one of them, namely, Sunny Kumar, while others escaped making firing. Petitioner has been named by said Sunny Kumar, as his accompalice who managed to escape by making firing on the police party.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated/arrested in this case on the confessional statement of co-accused Sunny Kumar. Petitioner has neither been apprehended on the spot nor anything incriminating has been recovered from his possession to connect him with the occurrence. He has got no criminal antecedent and he is in custody since 14.5.2020. Co-accused Sunny Kumar, who was apprehended on the spot, has already been allowed bail by a bench of this Court vide order dated 1.5.2019, passed in Cr.Mis.No. 28426/2019.

Patna High Court CR. MISC. No.23182 of 2020(2) dt.08-09-2020 2/2 In the facts of the case, prayer for bail of the petitioner is allowed. Let the petitioner mentioned above 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 Additional Chief Judicial Magistrate V, Danapur, Patna in Khagaul Police Station Case No. 32 of 2019, on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T