Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39988 of 2025 Arising Out of PS. Case No.-76 Year-2024 Thana- Bodhibigaha District- Gaya ====================================================== Manish Kumar, (Male), aged about 27 years, Son of Ramvriksh Prajapati, Resident of Village - Bhangiya, P.S.- Bodhibigha, Post - Kewlakala, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhinav Ashok, Advocate For the Opposite Party/s :

Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in a case registered for the offence punishable under Section 103 of the BNS, 2023.

3. As per allegation in the FIR, the informant's mother Dhano Devi came back to her house from a village function and slept. At around 10.30 PM, niece of the informant came back from the same function and knocked on the door, mother of the informant opened the door and they both slept in the outer room. On 24.11.2024, at around 6.30 hours one Shilpa Kumari, daughter of Ramnand Sharma came to the informant's house for taking milk. On knocking the door, Punam Kumari (niece of the informant) opened the door. Thereafter, they saw blood beneath

Patna High Court CR. MISC. No.39988 of 2025(3) dt.20-08-2025 2/3 the cot and floor and both of them, tried to wake up Dhano Devi but in vain. When they removed the blanket of Dhano Devi and found dead and after that they made hue and cry whereupon villagers gathered around.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that petitioner is not named in the FIR and the name of the petitioner figured on the basis of confessional statement of co-accused Shrikant Sudhakar. Petitioner has got clean antecedent as stated in para-3 of the petition and he is in custody since 30.12.2024.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. On perusal of the first information report, case diary and impugned order dated 06.05.2025, it appears that petitioner is involved the murder of the mother of the informant and in paragraph nos.11, 12, 24, 25, 33, 34 and 35 of the case diary, it appears that several witnesses have supported the case of the prosecution and in paragraph 70 of the case diary, it is known that later co-accused Shashikant Sudhakar has confirmed the name by accepting the full involvement of the petitioner in his confessional statement. Again in paragraph 143 of the case

Patna High Court CR. MISC. No.39988 of 2025(3) dt.20-08-2025 3/3 diary, the investigating officer found the case to be true against the petitioner and the allegation levelled against the petitioner is very serious in nature, so considering all aspects of the material, I am not inclined to grant bail to the petitioner.

7. Accordingly, the prayer for bail of the petitioner is rejected.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T