Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70219 of 2018 Arising Out of PS. Case No.-181 Year-2018 Thana- MUFFASIL District- West Champaran ====================================================== Manish Kumar Son of Santosh Mahto @ Santosh Mahto Kharwar, R/o Village- Singhachhapur P.S.- Mufassil Bettiah, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aditya Nath Jha For the Opposite Party/s :

Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-02-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Bettiah (Mufassil) P.S. Case No. 181 of 2018 instituted for the offence under Section(s) 302/34 of the Indian Penal Code. Learned counsel for petitioner has submitted that petitioner is not named in the written report. The name of this petitioner has come during investigation in the confessional statement of co-accused Lucky.

It is alleged in the written report that brother of informant received a telephone call and he left the house speaking that he would return by ten minutes but he did not return. On the next day, the dead body of the brother of informant was recovered from sugar-cane field.

Patna High Court Cr.Misc. No.70219 of 2018(4) dt.19-02-2019 2/2 In such circumstances, besides suspicion there is no allegation of specific overt act against this petitioner. Case diary has been received.

Learned APP after looking into the case diary, submits that the name of the petitioner has come in the confessional statement of co-accused Lucky.

Petitioner is in custody since 12.06.2018.

Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah in connection with Bettiah (Mufassil) P.S. Case No. 181 of 2018, subject to the condition that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) shyambihari/mu keshU T