Manish Kumar @ Ghanti Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39487 of 2024 Arising Out of PS. Case No.-753 Year-2023 Thana- JAMUI District- Jamui ====================================================== Manish Kumar @ Ghanti Sah Son Of Anil Saw @ Anil Sah R/O VillMahisauri, Ps-Dist-Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-07-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Jamui P.S. Case No. 753 of 2023 instituted for the offence under Sections 307, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

3.

Prosecution case in short is that when the informant was having his dinner at 10 PM on 18-12-2023, he heard uproar from outside his house whereafter he rushed outside his house and he found his maternal uncle was fired by the criminals. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 25-12-2023. Petitioner bears eleven criminal antecedents, as per disclosure made in

Patna High Court CR. MISC. No.39487 of 2024(3) dt.26-07-2024 2/3 paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has surfaced in this case during course of investigation. It is submitted that there is no specific allegation against the petitioner. There is delay of two days in lodging of the FIR. There is no eye-witness to the occurrence. It is lastly submitted that charge sheet has already been submitted in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Referring to paragraph No. 30 of the case diary, it is submitted that petitioner has very categorically admitted his guilt with regard to his involvement in the present case. It is submitted that injured, namely, Pawan Kumar has supported the prosecution case, which fact finds mention in paragraph No. 46 of the case diary. It is lastly submitted that injured has supported the prosecution version in his statement recorded under Section 164 of the Cr.P.C, which is revealed from perusal of paragraph No. 52 of the case diary.

7.

Considering the aforesaid facts and circumstances of the case, there being direct involvement of the petitioner in

Patna High Court CR. MISC. No.39487 of 2024(3) dt.26-07-2024 3/3 the occurrence, which is corroborated by the statement of the injured recorded under Section 164 of the Cr.P.C., this Court is not inclined to grant bail to the petitioner. 8.

Accordingly, the prayer for grant of bail to the petitioner is rejected.

9.

Trial Court is directed to expedite the trial as expeditiously as possible without any undue delay and unnecessary adjournments.

(Rudra Prakash Mishra, J) Raj Kishore/- U T