Manish Kumar @ Meghnath v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47726 of 2022 Arising Out of PS. Case No.-41 Year-2022 Thana- PATORI District- Samastipur ====================================================== MANISH KUMAR @ MEGHNATH Son of Ram Chandra Rai Resident of Village - Mukundpur, P.s.- Patori, Distt.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Singh For the Opposite Party/s :

Mr.Tapeshwar Sharma, APP For the informant : Mr. Ashok Kumar Mishra, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defect(s) as pointed out by the office within a period of four weeks.

The petitioner seeks bail in a case registered under Sections-341, 323, 302, 504, 506, 34 of the Indian Penal Code and 27 of the Arms Act.

Allegedly, while the informant along with her husband and daughter was going home, in the way, the accused persons started quarrel and in consequence thereof, the coaccused Ram Darshan shot fire to the husband of the informant who succumbed to the injuries.

It has been submitted that there is no allegation of

Patna High Court CR. MISC. No.47726 of 2022(2) dt.20-12-2022 2/2 tampering of witnesses alleged against the petitioner. The petitioner is in custody since 15-03-2022. Charge sheet has already been submitted in this case. The petitioner is not named in the FIR. The allegation of assault upon the deceased is alleged against the co-accused namely Ram Darshan who is said to have caused the fatal injury upon the deceased. The name of the petitioner has transpired in this case in course of investigation in self-confession of the petitioner. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case.

On behalf of the State, it is submitted that the petitioner is not named in the FIR.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Samastipur in connection with Patory P.S. Case No. 41 of 2022.

(Sudhir Singh, J) A.K.V.//- U T