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Patna High CourtCR. MISC./49189/2019dismissed

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

2020-02-04Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49189 of 2019 Arising Out of PS. Case No.-139 Year-2016 Thana- BARH District- Patna ====================================================== Manish Kumar Singh @ Manish Kumar @ Manish Singh, Son of Shiv Shankar Singh, Resident of Village - Anand Golba, P.S.- Mohiuddinnagar, District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Chandra,Advocate For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-02-2020 Petitioner seeks regular bail in connection with Barh P. S. Case No.139 of 2016, registered for the offences punishable under Sections 302, 394, 34 of the Indian Penal Code and Section 27 of the Arms Act.

As per F.I.R. there is allegation that some miscreants have fired on the deceased, who was a Police Officer and also snatched the government revolver. It appears that name of the petitioner transpires on the confessional statement of the coaccused. Apart from that he is accused in five other cases also. Submission of the learned counsel for the petitioner is that except confessional statement of the co-accused, there is nothing against him and considering the same, other accused person has been granted bail by a Co-ordinate Bench of this Court, vide order dated 24.09.2019 passed in Criminal Misc.

Patna High Court CR. MISC. No.49189 of 2019(5) dt.04-02-2020 2/2 No. 56126 of 2019. Further submission is that petitioner is in custody for about two years.

Heard learned A.P.P. also, who has opposed the prayer for bail on the ground that apart from confessional statement of co-accused persons, showing the involvement of the petitioner. Looted service revolver has also been recovered from petitioner and another accused. There are other materials also, showing involvement of this petitioner.

Having heard both sides, in view of the allegation and submissions, made above, I am not inclined to grant bail to the petitioner at this stage. However, since the petitioner is in custody for two years, the learned trial court is directed to expedite the trial.

At the same time, S.S.P., Patna is directed to see that the witnesses are produced before the trial court, so that the trial may be concluded expeditiously.

With the above observations, this application is dismissed.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T