Manish Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49532 of 2017 Arising Out of PS.Case No. -172 Year- 2017 Thana -BARARI District- KATIHAR ====================================================== Manish Bhagat son of Bishnukant Bhagat, resident of Sukhasan, P.S.- Barai (Semapur), District- Katihar .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks pre-arrest bail in connection with Barari P. S. Case No.172 of 2017 registered under Sections 302/120-B/34 of the Indian Penal Code and 27 of the Arms Act. Learned counsel for the petitioner submitted that from the FIR, it would be manifest that the allegation of killing the son of the informant is confined against accused Md. Madhu Mian and Sabbir. He submitted that the informant took name of only two persons, as were found running away after the son of the informant was killed. He submitted that save and except a vague allegation that the petitioner along with the partners of the deceased, Ranjeet Bhagat, Anil Sahani, Rajkumar Singh,

Patna High Court Cr.Misc. No.49532 of 2017 (3) dt.09-11-2017 2/2 Jaykant Sahani and Sarban Bhagat may be instrumental in getting the son of the informant eliminated, there is no allegation whatsoever against the petitioner. He submitted that even in course of investigation, nothing tangible has come against the petitioner.

Learned Additional Public Prosecutor for the State has submitted that the petitioner is one of the accused named in the FIR. He, however, admitted that there is no specific allegation against the petitioner and his name has come on suspicion. Regard being had to the submissions made above, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-V, Katihar in Barari P. S. Case No.172 of 2017, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure, in the event of arrest or surrender before the court below within six weeks from today. (Ashwani Kumar Singh, J) Kanchan/- U T