Manish Kumar @ Maina v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39472 of 2021 Arising Out of PS. Case No.-72 Year-2020 Thana- AKBARNAGAR District- Bhagalpur ====================================================== MANISH KUMAR @ MAINA Son of Upendra Mandal Resident of Motichak, Naya Tola, P.S.- Akbarnagar, Distt.- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-02-2022 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, 34 and 120B of the Indian Penal Code As per the prosecution case, the daughter of the informant went missing and later her dead body was found. The informant states that about 15 days back the two named accused persons including the petitioner herein had misbehaved with the deceased and had threatened her that she would be killed in case she disclose about the occurrence to any other person. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. No such occurrence as alleged took place. There are no eye-witness

Patna High Court CR. MISC. No.39472 of 2021(3) dt.10-02-2022 2/2 to the present occurrence. No material has transpired in course of investigation to connect the petitioner with the alleged crime. The only material being relied on is the so called love affair between the deceased and co-accused Narad Mandal. The petitioner is in custody since 22.1.2021 and has no criminal antecedent. Charge sheet has been submitted in the case. Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the material that has transpired in course of investigation and the petitioner having remained in custody for over 1 year, the Court directs the petitioner to be enlarged on bail in connection with Akbarnagar P.S. Case no. 72 of 2020, G.R. no. 2575 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 A.C.J.M 1st, Bhagalpur.

(Partha Sarthy, J) Prakash/- U