Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32749 of 2018 Arising Out of PS.Case No. -79 Year- 2018 Thana -BEGUSARAI TOWN District- BEGUSARAI ======================================================

1. Manish Kumar S/o Arbind Pd. Singh, R/o Mohalla- Ratanpur, Ward No. 20, Town, Begusarai, District- Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar Singh For the Opposite Party/s : Mr. Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-06-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Begusarai Town P.S. Case No. 79 of 2018, registered for the offences punishable under Sections 302, 34 of the Indian Penal Code and Section 27 of the Arms Act.

F.I.R. has been lodged against unknown and the case is under Section 302 of the I.P.C. and later on Sanjeev Kumar was arrested and it appears that the name of this petitioner transpired on the basis of confessional statement of co-accused. Submission of learned counsel for the petitioner is that Sanjeev Kumar is an accused in the murder case of the brother of this petitioner trial of which is going on which will appear from Annexure-3 to this petition and in order to take advantage of the

Patna High Court Cr.Misc. No.32749 of 2018 (2) dt.28-06-2018 2/2 same he has named this petitioner in this case. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of six weeks from today, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai, in Begusarai Town P.S. Case No. 79 of 2018, subject to conditions as laid down under section 438 (2) of the Code of Criminal Procedure and further conditions are that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned and further condition is that they have to co-operate in the investigation of the case and make himself available as and when required by the police, otherwise the prosecution is free to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) AnilKrSinha/- U