Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53429 of 2024 Arising Out of PS. Case No.-15 Year-2024 Thana- JAYRAMPUR District- Sheikhpura ====================================================== Gulshan Kumar Son of Binod Ram R/V- Shobhanpur, P.S.- Sheikhpura, Distt.- Sheikhpura ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 59745 of 2024 Arising Out of PS. Case No.-15 Year-2024 Thana- JAYRAMPUR District- Sheikhpura ====================================================== Manish Kumar Son Of Binod Ram R/V- Village- Shobhanpur, P.S.- Jairampur, Distt.- Sheikhpura ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 53429 of 2024) For the Petitioner/s :

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

Mr. Rajendra Nath Jha, APP (In CRIMINAL MISCELLANEOUS No. 59745 of 2024) For the Petitioner/s :

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

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 25-02-2025 Heard learned counsel for the petitioners and Mr. Rajendra Nath Jha, learned APP for the State.

2. The petitioners have prayed for regular bail in a case registered for the offence punishable under Sections 302, 201, 34 of the Indian Penal Code.

3. The case of the prosecution is that the petitioners along

Patna High Court CR. MISC. No.53429 of 2024(6) dt.25-02-2025 2/3 with others committed the murder of Manish Kumar (the son of the informant.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case. They have got no criminal antecedent. It is also submitted that in this case, trial has started and the informant has given his deposition before the trial court as prosecution witness No. 1. In examination-in-chief, he has supported the case of the prosecution but in crossexamination this witness has stated that he does not know that who has written the FIR. He also does not know as to what is written in the FIR. He has only put his signature. The FIR was not read over to him. He did not know how his son died. He has not known till today how his son died. From perusal of the deposition of PW-1, who is the informant, it transpires that he himself has denied the statements made in the FIR. It is further submitted that the petitioner namely, Gulshan Kumar is languishing in judicial custody since 28.05.2024 and petitioner namely, Manish Kumar is in custody since 06.05.2024.

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

Patna High Court CR. MISC. No.53429 of 2024(6) dt.25-02-2025 3/3

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Jairampur P.S. Case No. 15 of 2024 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 1st Class, Sheikhpura.

(Ashok Kumar Pandey, J) Sudhanshu/- U T