Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53972 of 2022 Arising Out of PS. Case No.-98 Year-2021 Thana- PIPRA District- Supaul ====================================================== Manish Kumar Son Of Radhe Shyam Mandal Resident Of Village - Viga Ward No.7, P.S. And Distt. - Supual.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhav Raj For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-03-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302, 201 of the Indian Penal Code.

The prosecution case as per F.I.R is that three persons were murdered by unknown miscreants and son of one of the deceased persons saw the pictures of their dead bodies on whats-app and came to identify them. The name of the petitioner transpired as one of the accused persons in this case during investigation. It is submitted by learned counsel for the

Patna High Court CR. MISC. No.53972 of 2022(4) dt.18-03-2023 2/3 petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not involved in any manner in the case. The name of the petitioner came up in his self confession and he was further named by other co-accused persons in their confessional statements. Except for the confessional statement, there is nothing against the petitioner. Even during investigation, nothing concrete material has come against the petitioner for his involvement in the alleged occurrence. The postmortem report does not show that death was caused by assault and viscera has been preserved. The co-accused Tribhuvan Yadav has been granted bail by a Coordinate Bench of this Court vide order dated 09.05.2022 passed in Cr. Misc. No. 61075 of 2021. The petitioner is custody since 26.05.2021. A statement has been made in para 3 of the petition that petitioner is accused in one other case apart from the present one.

Learned A.P.P appearing on behalf of the State

Patna High Court CR. MISC. No.53972 of 2022(4) dt.18-03-2023 3/3 has vehemently opposed the prayer for bail of the petitioner and submitted that it is a case of triple murder and the petitioner has confessed his guilt.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-I-cum-Special Judge, Supaul in connection with Pipara P.S. Case No.- 98 of 2021 (Sessions Trial No. 299 of 2021).

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