Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63144 of 2021 Arising Out of PS. Case No.-16 Year-2020 Thana- SAUR BAZAR District- Saharsa ====================================================== Manish Kumar, Son of Bideshwari Sharma Resident of Village - Pama Tola Kabaiya, Police Station - Sour Bazar, District - Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Saur Bajar P. S. Case No. 16 of 2020, instituted for the offences under Sections 147, 148, 149, 341, 342, 323, 325, 307, 120(B), 201, 379 of the IPC.

The learned counsel for the petitioner submits that the petitioner is in custody since 24.06.2021, charge-sheet has been submitted in this case and he has clean antecedent. The learned counsel for the petitioner further submits that the informant alleges that her son Sudhir Kumar(victim) on 06.10.2020 at about 5 am went to his sister's house on his motorcycle but did not return back to his house. It is further alleged that search was made and the informant got information by the villager that nine named accused persons with other coaccused have killed her son by assaulting him with sticks and tied his dead body with picket. It is further alleged that the petitioner alogn with co-accused surrounded the dead body of

Patna High Court CR. MISC. No.63144 of 2021(3) dt.11-04-2022 2/2 victim and one Niranjan Mehta was trying to conceal the same. Learned counsel for the petitioner submits that he has been falsely implicated in the present case. He is not named in the FIR and informant has filed a petition dated 20.07.2021 in the lower court below wherein she has specifically stated that petitioner is falsely implicated by the police despite being not named in the FIR.

Learned A.P.P. opposes the bail application.

Considering the fact that the petitioner is in custody since 24.06.2021, charge-sheet has been submitted and petitioner has clean antecedent as well as he is not named in the FIR and arrested only on suspicion on account of a video found by police, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Saharsa in connection with Saur BajarP.S. Case No.16 of 2020. The application stands allowed.

(Satyavrat Verma, J) khushbu/- U T