Manish Singh @ Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29487 of 2022 Arising Out of PS. Case No.-106 Year-2020 Thana- TARAPUR District- Munger ====================================================== Manish Singh @ Manish Kumar, Son Of Late Ramanand Singh @ Ram Singh, Resident Of Village - Padhwara, P.S.- Tarapur, Distt.- Munger ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Jyoti Ranjan Jha For the State :

Ms. Renu Kumari For the Informant :

Mr. Shashi Bhushan Singh Mr. Bipin Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-02-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State through video conferencing.

The petitioner seeks bail in a case registered for the offences punishable under Sections 363, 365/ 34, 302, 201 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner has antecedent of one case and is in custody since 23.09.2021 and the informant alleges that his son Aman Kumar Singh and his cousin brother Aditya Kumar went out with Ambuj Yadav and they did not return.

Accordingly, on the basis of suspicion alleges that seven named accused persons including the petitioner

Patna High Court CR. MISC. No.29487 of 2022(3) dt.03-02-2023 2/3 kidnapped them and suspected that they might have killed them. It is further alleged that reason for the occurrence is on account of theft of thrasher of Ravindra Singh.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. It is next submitted that the entire allegation hinges around suspicion and similarly situated co-accused Kumar Rishav has been granted bail by a learned Coordinate Bench by order dated 19.01.2022 in Cr. Misc. No.66158 of 2021 and co-accused Bidyanand Singh and Dular Chand have also been granted bail by a learned Coordinate Bench by order dated 21.04.2022 in Cr. Misc. No.8595 of 2022.

The learned counsel for the petitioner submits that petitioner is also similarly situated like the aforesaid co-accused, who have been granted the privilege of regular bail. It is next submitted that petitioner will cooperate in the trial and will not abscond.

The learned counsel for the informant as well as the learned A.P.P. opposes the bail application, but are not in a position to rebut the submission of the learned counsel for the petitioner that similarly situated co-accused have been granted bail.

Patna High Court CR. MISC. No.29487 of 2022(3) dt.03-02-2023 3/3 Considering the submission made by the learned counsel for the petitioner, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Tarapur P. S. Case No.106 of 2020.

The application stands allowed.

However, in the event, if the learned trial Court comes to a conclusion that the petitioner after his release is trying to delay the trial in any manner, the learned trial Court shall forthwith cancel his bail bonds after recording reasons and shall take all coercive steps to ensure that petitioner is behind bar. (Satyavrat Verma, J) vikash/- U T