Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40279 of 2021 Arising Out of PS. Case No.-736 Year-2020 Thana- KHAGARIA District- Khagaria ====================================================== MANOJ KUMAR Son of Ram Bilas Yadav Resident of Village- Sadanandpur Kathora, P.S.- Gangaur, District- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Om Prakash Om, Advocate For the Opposite Party/s :

Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-02-2022 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, 364 and other sections of the Indian Penal Code in which charge sheet was submitted under section 304 and other sections of the Indian Penal Code As per the prosecution case, the accused persons including the petitioner herein are stated to have come and made an attempt to forcibly kidnap Muskan Kumar and on the fatherin-law of the informant resisting the said kidnapping, the accused persons including the petitioner herein pressed his neck as a result of which he died.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.40279 of 2021(3) dt.18-02-2022 2/2 that the petitioner has been falsely implicated in the case. It is further submitted that the postmortem report does not support the allegations leveled in the FIR in so far as no external injury has been found and the cause of death is cardio respiratory failure. The petitioner has no criminal antecedent and is in custody since 9.3.2021.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the FIR, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

Learned trial Court is directed to expedite the trial. Liberty is granted to the petitioner to renew his prayer for bail after framing of charge.

(Partha Sarthy, J) Prakash/- U