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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48952 of 2022 Arising Out of PS. Case No.-401 Year-2020 Thana- TAJPUR District- Samastipur ====================================================== MANISH SINGH @ MANISH KUMAR SINGH S/o Shree Ram Singh R/o village- Neerpur, P.S.- Moffusil, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Piyush Kumar Pandey For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case instituted for the offence under Sections 394, 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

As per allegation in the FIR, the son of the informant operated CSP and was carrying cash of Rs. 2,30,000/- from the Bank on his motorcycle. He was chased and killed by two unknown persons and cash was looted by them.

Patna High Court CR. MISC. No.48952 of 2022(5) dt.06-04-2023 2/3 It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to criminal antecedent. He has committed no offence. He submitted that neither the petitioner is named in the FIR nor he has been put on T.I. Parade. There is no consistent evidence and nothing has been recovered from the conscious possession of the petitioner, to show that the he has involved in the said occurrence. On the basis of confessional statement of coaccused Md. Danish, the name of the petitioner has come into light, which has got no evidentiary value in the eyes of law. He further submitted that the other co-accused has already been granted bail by this Bench vide order dated 14.02.2023 passed in Cr. Misc. No. 52840 of 2022. Moreover, it appears from the report received by the trial Court that in the near future, there is no possibility to conclude the trial. He is languishing in judicial custody since 07.11.2021.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in

Patna High Court CR. MISC. No.48952 of 2022(5) dt.06-04-2023 3/3 connection with Tajpur P.S. Case No. 401 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned concerned Court.

(Sunil Kumar Panwar, J) arish/- U T