Manish Thakur @ Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33816 of 2023 Arising Out of PS. Case No.-149 Year-2022 Thana- JAKKANPUR District- Patna ====================================================== Manish Thakur @ Manish Kumar Son Of Late Ramchandra Thakur R/OPostal Park Road No. 3, P.S.-Jakkanpur, Distt.-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Viveka Nand, Advocate For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 24-06-2023 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. The petitioner seeks bail in connection with Jakkanpur P.S. Case No.149 of 2022 registered for the offence under Sections 302 and 201 of the Indian Penal Code and Section 27 of the Arms Act.

The accused/petitioner is not named in the F.I.R. and is in custody since 19.05.2022.

The allegation against the petitioner is to commit murder of son of informant alongwith other co-accused persons. Learned counsel appearing on behalf of the petitioner submitted that the name of petitioner surfaced during the course of investigation on the basis of confessional statement of coaccused, namely Monu and Abhishek Kumar, in furtherance of

Patna High Court CR. MISC. No.33816 of 2023(2) dt.24-06-2023 2/3 which no incriminating material recovered/surfaced, which may connect this petitioner with the present occurrence of murder. It is submitted that even alleged hammer was recovered from the house of co-accused, namely Abhishek Kumar. While concluding the argument, it is submitted that petitioner found involved in one more criminal case, where he is on bail and moreover, investigation of this case has been completed, for which, charge-sheet has already submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State, opposes the prayer for bail.

In view of the facts and circumstances as mentioned above as save and except confessional statement no incriminating recovered/surfaced during the course of investigation, which may connect petitioner, prima facie, with the present occurrence of murder coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 19.05.2022, let above named petitioner is directed to be released on bail in connection with Jakkanpur P.S. Case No.149 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-XXI, Patna/concerned

Patna High Court CR. MISC. No.33816 of 2023(2) dt.24-06-2023 3/3 court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J.) S.Tripathi/- U T