Manoj Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11242 of 2018 Arising Out of PS. Case No.-24 Year-2017 Thana- BIKRAM District- Patna ====================================================== Manoj Kumar, Son of Sri Ram Verma, Resident of Village- Arap, P.S.- Bikram, District- Patna.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Saurabh Azad @ Rohish Kumar @ Suarabh Kumar @ Saurabh Kumar Azad @ Rahish Kumar, Son of Chandra Shekhar Azad, Resident of Village- Arap, P.S.- Bikram, District- Patna (Bihar).

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar For the Opposite Party/s :

Mr. SRI PARMANAND KUMAR ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 07-03-2018 The petitioner seeks cancellation of bail which was granted to him by this Court on 04.12.2017 passed in Cr. Misc. No. 49568 of 2017.

The dead body of the deceased was found in the shop of his brother. During the course of investigation, the name of the opposite party no. 2 transpired and it was found out that he was a friend of the deceased. From the house of the opposite party no. 2, certain laptops and mobile phones belonging to the deceased were recovered. The opposite party no. 2 is also said to have confessed his guilt before the police.

These grounds were noted down in the order dated 04.12.2017 while granting bail to the opposite party no. 2. This

Patna High Court Cr.Misc. No.11242 of 2018(2) dt.07-03-2018 2/2 Court is conscious of the fact that certain articles, admittedly belonging to the deceased were found from the possession of the opposite party no. 2; but that by itself would not be sufficient to keep the opposite party no. 2 in custody for an indefinite period. Confession of the accused/opposite party no. 2 would also not be a ground to keep him in continued detention. For the aforesaid two grounds only, the opposite party no. 2 was granted bail.

No good ground has been made out for cancellation of bail granted to the opposite party no. 2.

The present petition is therefore dismissed.

(Ashutosh Kumar, J) KKSINHA/- U T