Manish Kumar @ Mani Ram @ Maniya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39755 of 2021 Arising Out of PS. Case No.-411 Year-2019 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== MANISH KUMAR @ MANI RAM @ MANIYA S/O Uday Prakash R/o Mohalla Kabir Ashram, P.S. Samastipur Town, District - Samastipur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIhar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijay Bhushan Prasad, Adv.

For the Opposite Party/s :

Mr.Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-08-2021 Heard Mr. Bijay Bhushan Prasad, learned counsel for the petitioner and Mr. Pradeep Narain Kumar, learned Additional Public Prosecutor for the State through video conferencing.

Petitioner renews his prayer for bail in connection with Sadar (Mabbi O.P.) PS Case No. 411/2019 registered for the offence punishable under Sections 341, 307, 34 of the IPC and Section 27 of the Arms Act inasmuch as earlier bail application of the petitioner was rejected vide order dated 10.11.2020 passed in Cr. Misc No. 23913/2020 (Annexure-1) with liberty to renew his prayer for bail after six months. The allegation, as per First Information Report, is that petitioner along with other accused persons fired upon the

Patna High Court CR. MISC. No.39755 of 2021(2) dt.04-08-2021 2/3 informant's companion, Md. Kalam from behind and fled away. Learned counsel for the petitioner submits that petitioner has been implicated in this case on the basis of his self inculpatory confessional statement. Learned counsel next submits that after earlier rejection of the bail application of the petitioner the trial has not registered any progress and the case is pending for framing of charges. Learned counsel further submits that the petitioner is in custody since 29.02.2020 and there is no likelihood that the petitioner will abscond or will tamper with the evidences, if he is released on bail.

Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner is in custody since 29.02.2020, there is no likelihood that the petitioner will abscond or will tamper with the evidences, if he is released on bail and this is the second attempt of bail on behalf of petitioner, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, MANISH KUMAR @ MANI RAM @ MANIYA be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty-five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, XI, Darbhanga in connection with

Patna High Court CR. MISC. No.39755 of 2021(2) dt.04-08-2021 3/3 Sadar (Mabbi O.P.) PS Case No. 411/2019.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the covid protocol like social/physical distancing and sporting masks. (Anil Kumar Sinha, J) perwez U T