Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45716 of 2022 Arising Out of PS. Case No.-493 Year-2021 Thana- AMARPUR District- Banka ====================================================== 1.

MANISH KUMAR SON OF AKHILESH MANDAL R/O VILLAGEGANGAPUR GARHAIL, P.S.- AMARPUR, DISTRICT- BANKA 2.

MONU MANDAL SON OF AKHILESH MANDAL R/O VILLAGEGANGAPUR GARHAIL, P.S.- AMARPUR, DISTRICT- BANKA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manohar Prasad Singh For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-01-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioner has prayed for bail in a case instituted for the offence under Sections 302, 201/34 of the Indian Penal Code.

As per allegation in the FIR, petitioners have committed murder of husband of the informant in the background of previous enmity. On search, body of the deceased was found floating in drainage.

It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They have committed no offence. Only on the basis of mere

Patna High Court CR. MISC. No.45716 of 2022(3) dt.17-01-2023 2/2 suspicion, their names have been dragged in the present case. No one is eye witness of the occurrence. No consistent material has come during investigation to implicate them in the present case. Two accused persons have already been granted regular bail by another Bench vide order dated 3.8.2022 passed in Cr. Misc. No. 18334 of 2022. The case of the petitioners stands on similar footings to that of the co-accused persons who have granted regular bail. Petitioner nos. 1 and 2 are languishing in judicial custody since 12.04.2022 and 31.03.2022 respectively. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned CJM, Banka in connection with Amarpur P.S. Case No. 493 of 2021.

(Sunil Kumar Panwar, J) sushma/- U