Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48955 of 2025 Arising Out of PS. Case No.-605 Year-2022 Thana- BIDUPUR District- Vaishali ====================================================== Manish Kumar S/O Ram Babu Ram Resident Of Village- Kanchanpur, PsBidupur, Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Bidupur P.S. Case No. 605 of 2022 instituted for the offences under Sections 302/34 of the Indian Penal Code. 3.

As per prosecution case, the accusation against the accused persons including the petitioner is of being involved in commission of murder of the Informant's son.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case with false and frivolous allegations based on mere suspicion. He further submits that actually the son of the Informant has died due to drowning in water and, at the instance

Patna High Court CR. MISC. No.48955 of 2025(2) dt.18-07-2025 2/3 of village politics, the petitioner has been implicated in this case. The petitioner has no concern with the alleged occurrence. Learned counsel for the petitioner submits that there is no direct or specific allegation of any overt act against the petitioner rather the same is general and omnibus in nature. Save and except suspicion, there is nothing against the petitioner. The petitioner has not committed any offence as alleged in the F.I.R. The petitioner has no criminal antecedent and is languishing in judicial custody since 13.01.2025 without any rhymes or reason. Charge-sheet has been submitted against the petitioner under Sections 302/201/34 of the I.P.C. Other co-accused has been granted bail by this Court vide order dated 18-02-2025, passed in Cr. Misc. No. 82350 of 2024.

5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged against the petitioner is serious in nature. The postmortem report supports the prosecution case. The petitioner is named in the F.I.R. and, hence, he does not deserve bail.

6.

Having heard rival contention of both the parties and considering the entire facts and circumstances of the case, the period of custody of the petitioner, the petitioner having no

Patna High Court CR. MISC. No.48955 of 2025(2) dt.18-07-2025 3/3 criminal antecedent as also there being no specific allegation of any overt act against the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bidupur P.S. Case No. 605 of 2022. (Rudra Prakash Mishra, J) Raj Kishore/- U T