Manjesh Mahton @ Manjesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29313 of 2019 Arising Out of PS. Case No.-169 Year-2017 Thana- SIKANDRA District- Jamui ====================================================== Manjesh Mahton @ Manjesh Kumar Son of Sukhdeo Mahton Resident of Village - Kurhadih, P.S.- Sikandra, District - Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Prasad For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 147, 148, 353, 307, 100, 332, 333 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case in short is that in course of recovery of kidnapped Mahendra Gupta, the informant along with police personnel proceeded to the place of occurrence. Seeing the police, the criminals started firing and counter firing was made by police. The criminals escaped leaving the kidnapped Mahendra Gupta.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 02-01-2018. Charge

Patna High Court CR. MISC. No.29313 of 2019(3) dt.17-05-2019 2/2 sheet has already been submitted. None is said to have been injured in course of the occurrence. The petitioner has been made accused in the present case due to mistake of fact. No offence u/S 307 of the Indian Penal Code is made out. On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Jamui in connection with Sikandra P.S. Case No. 169 of 2017.

(Sudhir Singh, J) A.K.V.//- U T