Patna High CourtCR. MISC./40449/2021bail granted

Manish Kumar v. The State Of Bihar

2022-01-28Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40449 of 2021 Arising Out of PS. Case No.-41 Year-2021 Thana- SALAKHUA District- Saharsa ====================================================== Manish Kumar S/O Naresh Yadav @ Shambhu Yadav Resident Of VillageBanma, P.S-Salkhua (BANMA Itahri O.P.), District-Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Rashmi Jha For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-01-2022 Heard both parties through video conferencing. The petitioner seeks bail in Salkhua P.S. Case No. 41 of 2021, registered for the offence punishable under Sections 302, 120B/34 of the Indian Penal Code and section 27 of the Arms Act.

As per the FIR, while the son of informant was sitting at his door, in the meantime, co-accused Saurabh Kumar came on motorcycle and after some conversation took him on his motorcycle. Other co-accused Sanjeev Yadav, Sitaram Yadav along with 4-5 known persons also went with them on another motorcycle, but his son did not return till late night. Then informant called his son on his mobile, but the same was found switched off. On the next morning, dead body of informant's son was found near a Puliya. It is suspected that all the accused

Patna High Court CR. MISC. No.40449 of 2021(3) dt.28-01-2022 2/2 persons killed the son of informant.

It is submitted on behalf of the petitioner that petitioner is not named in the FIR. During course of investigation, name of this petitioner has come in this case on the basis of confessional statement of co-accused Saurabh Kumar. Even as per the confessional statement, petitioner is alleged to have fired on stomach of deceased, but no wound of entry was found by the doctor and only two injuries have been found on the head and eyes of the deceased. Petitioner is in custody since 12.03.2021. Investigation is complete. Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate IV, Saharsa in connection with Salkhua P.S. Case No. 41 of 2021.

(Prabhat Kumar Singh, J) vinita/- U T