Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35764 of 2025 Arising Out of PS. Case No.-2 Year-2025 Thana- BARABAR TOURIST District- Jehanabad ====================================================== Manish Kumar Son of Jitendra Yadav R/O village- Parsauna, P.S.- Barabar Paryatak(Tourism), District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ansh Prasad, Advocate For the Opposite Party/s :

Mr. Nityanand, APP For the Informant :

Mr. Uma Shankar Sharma Gautam, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-08-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Barabar Tourism P.S. Case No. 02/2025 dated 05.01.2025 registered for the offence punishable u/s 103(1) read with Section 3(5) of the B.N.S.

3. As per the prosecution case, the petitioner and the co-accused persons holding weapons came to the house of the informant and the co-accused, Rajesh Yadav said where is his son, Loknath Kumar. Thereafter, the co-accused, Rajesh Yadav ordered to kill him. On hearing this, the co-accused, Jitendra Yadav shot the informant's son on head and chest due to which he fell on the ground. In the meantime, the co-accused, Rajesh

Patna High Court CR. MISC. No.35764 of 2025(4) dt.12-08-2025 2/3 Yadav fired on the neck of the informant's son and all the accused persons also fired on his son due to which he died on the spot. Then, they fled away from there.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. There is general and omnibus allegation against the petitioner. The specific allegation of firing is against the co-accused persons, Jitendra Yadav and Rajesh Yadav. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 05.03.2025.

5. Learned A.P.P. for the State as well as the learned counsel for the informant has vehemently opposed the bail petition of the petitioner by submitting that there are multiple bullet injuries found on the body of the deceased. It is a case of brutal murder. The post-mortem also corroborates the same.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Jehanabad in connection with Barabar Tourism P.S.

Patna High Court CR. MISC. No.35764 of 2025(4) dt.12-08-2025 3/3 Case No. 02/2025, with the condition ;- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T