Manish Mahto @ Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33802 of 2020 Arising Out of PS. Case No.-300 Year-2020 Thana- HAJIPUR SADAR District- Vaishali ====================================================== MANISH MAHTO @ MANISH KUMAR Son of Naresh Bhagat Resident of Village- Dighi Kala, East, P.S.- Hajipur Sadar, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nachiketa Jha For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-04-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

The petitioner is apprehending his arrest in a case registered under Sections 302, 364, 201, 420, 406, 120(B) of the Indian Penal Code.

Prosecution allegation, in short, is that on the pretext of providing a job in the Railways, the accused persons fraudulently taken money from the father of the informant and when the father demanded, the accused persons called him and later his dead body was recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the

Patna High Court CR. MISC. No.33802 of 2020(3) dt.09-04-2021 2/2 present case. Altogether 19 persons are named in the F.I.R. along with 10-15 unknown persons. As far as recovery of incriminating articles are concerned, the same is recovered from co-accused Rajeev Mali. As far as petitioner is concerned, there is no substantive evidence to suggest his implication in the present case. The name of the petitioner has transpired merely on the basis of suspicion.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali in connection with Hajipur Sadar P.S. Case No. 300/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T