Manish Kumar @ Manish Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48537 of 2022 Arising Out of PS. Case No.-65 Year-2021 Thana- AKILPUR District- Saran ====================================================== Manish Kumar @ Manish Kumar Rai Son Of Laxman Rai Resident Of Village - Purani Panapur, P.S.- Akilpur, Distt.- Saran (Chhapra). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302/34 of the Indian Penal Code.

Allegation against the petitioner is that he along with other co-accused persons assaulted to the informant's son due to which he sustained injury thereafter family members of informant took him to hospital and during course of treatment the informant's son died.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner and informant's son were cousin and some dispute raised between them as a result of which this petitioner has

Patna High Court CR. MISC. No.48537 of 2022(3) dt.11-01-2023 2/2 falsely been made accused in this present case. It is further submitted that the specific overt-act of assaulting to the deceased namely, Munna Rai by iron handle of hand pump is against co-accused Komal Kumari and the Postmortem report also corroborates this fact. General and omnibus allegation leveled against petitioner. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. The petitioner is languishing in judicial custody since 22.12.2021.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Akilpur P.S. Case No. 65 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M.-1st Saran (Chhapra). (Sunil Kumar Panwar, J) amandeep/- U T