Manish Kumar @ Ganesh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39415 of 2021 Arising Out of PS. Case No.-418 Year-2020 Thana- DEEPNAGAR District- Nalanda ====================================================== MANISH KUMAR @ GANESH Son of Munna Mahto @ Bodhi Mahto @ Muneshwar Mahto Resident of Village - Sriram Nagar, P.S.- Deep Nagar, District - Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bharat Lal For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-04-2022 Heard Mr. Bharat Lal, learned counsel for the petitioner and Mr. Raj Ballabh Singh, learned Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Deep Nagar PS Case No. 418 of 2020 registered for the offence under Sections 341, 323, 324 , 504, 325, 307, 448, 302 / 34, 120 (B) of the Indian Penal Code.

As per the First Information Report the petitioner caught hold of the father of the informant and the co-accused / Dhiraj Kumar assaulted the informant's father with knife repeatedly and injured two other persons.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.39415 of 2021(3) dt.11-04-2022 2/3 petitioner has falsely been implicated in this case due to land dispute and has not committed any offence in the manner alleged. He further submits that petitioner is not the assailant and only allegation against him is that he caught hold of the deceased from behind and Dhiraj Kumar assaulted upon him by means of knife.

Learned counsel for the State referring to case diary submits that statement of the two injured witnesses were recorded during the course of investigation and they have supported the prosecution story that petitioner caught hold of the informant's father and the co-accused / Dhiraj Kumar assaulted with knife leading to his death.

Regard being had to the submissions made by learned counsel for the parties, taking into consideration the specific allegation levelled against the petitioner supported by statement of injured witnesses during the course of investigation and the fact that petitioner actively participated in the occurrence, I am not inclined to grant regular bail to the petitioner at this stage. Accordingly, the prayer for grant of bail stands rejected.

However, the petitioner may renew his prayer for bail after six months from today if the trial does not show any

Patna High Court CR. MISC. No.39415 of 2021(3) dt.11-04-2022 3/3 progress.

(Anil Kumar Sinha, J) praful/- U T