Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46697 of 2023 Arising Out of PS. Case No.-307 Year-2021 Thana- KORHA District- Katihar ====================================================== MANISH KUMAR SON OF MANOJ SWARNKAR RESIDENT OF MUSHAPUR, P.S. - KORHA, DISTRICT - KATIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh, Advocate For the Opposite Party/s :

Mr.Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 01-08-2023 1.

Heard learned counsel for the petitioner and learned APP for the State.

2.

Petitioner seeks regular bail in connection with Korha P.S. Case No.307 of 2021 dated 08.07.2021 registered for the offence/s punishable under Section/s 392 of the Indian Penal Code.

3.

The main submissions advanced by the learned counsel for the petitioner are that the FIR was registered against unknown, during investigation co-accused Md. Mazhar disclosed the role of this petitioner in the alleged crime in his confessional statement recorded by him before the police which has no evidentiary value, after petitioner's arrest the police failed to recover any incriminating material connecting this petitioner to the alleged crime, the said co-accused Md. Mazhar

Patna High Court CR. MISC. No.46697 of 2023(3) dt.01-08-2023 2/2 and other co-accused persons namely Mithlesh Kumar Yadav and Md. Idrish have been granted bail by different Benches of this Court vide orders passed in Cr. Misc. Nos.16048 of 2022, 13293 of 2022 and 44469 of 2022 respectively. Further submissions are that the petitioner has been languishing in jail since 23.01.2023 and against him the investigation has been completed and there is no any material or evidence against the petitioner to connect him to the alleged occurrence of loot. 4.

Learned APP appearing for the State opposes the bail prayer.

5.

Considering the above submissions and taking into account the circumstances pointed out by petitioner's counsel which go in favour of the petitioner's prayer, this Court is inclined to accept the bail prayer of the petitioner. Accordingly, let the petitioner named-above be released on bail in connection with Korha P.S. Case No.307 of 2021 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) sangam/- U T