Abinash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39636 of 2021 Arising Out of PS. Case No.-129 Year-2020 Thana- BIHAR District- Nalanda ====================================================== ABINASH KUMAR S/o Sanjay Paswan Resident of Village- Kathanpura, P.S.- Noorsarai, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar, Advocate For the Opposite Party/s :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 307 and other sections of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, allegations against the accused persons is of having assaulted the victim leading to his death.

It is submitted by learned counsel for the petitioner that the petitioner is not named in the FIR. His name transpired in course of investigation in the confessional statement of coaccused Manish Kumar @ Manish Pandey and Sonu Kumar made before police. The said Manish Kumar @ Manish Pandey has been enlarged on bail vide order dated 25.2.2021

Patna High Court CR. MISC. No.39636 of 2021(2) dt.18-01-2022 2/2 (Annexure-2) passed in Cr. Misc. No. 37287 of 2020. The petitioner surrendered and is in custody since 23.11.2020 and the investigation in the case has concluded. He has no criminal antecedent.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, grant of bail to co-accused Manish Kumar @ Manish Pandey on whose confessional statement the name of the petitioner transpired together with petitioner having remained in custody for over 1 year, the petitioner is directed to be enlarged on bail in connection with Sessions Trial no. 236 of 2021 (arising out of Bihar P.S. Case no. 129 of 2020) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge III, Nalanda at Biharsharif.

(Partha Sarthy, J) Spd/- U T