Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59381 of 2023 Arising Out of PS. Case No.-05 Year-2023 Thana- KARJAIN District- Supaul ====================================================== 1.

Manish Kumar S/O Bachneshwar Kumar R/O Vill.- Baruari (WARD No 13) Tola- Gangapatti, P.S.- Supaul, Dist.- Supaul 2.

Deepak Kumar S/O Mahadeo Yadav, R/O Vill- Lokaha P.S. Supaul, District Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Jha For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-09-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 341, 307, 34 of the Indian Penal Code and Section 27 of the Arms Act. As per prosecution case, the allegation against two unknown miscreants is that they boarded on two motorcycles came and started firing upon the informant but somehow he managed to save him.

Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case merely on the basis of

Patna High Court CR. MISC. No.59381 of 2023(2) dt.12-09-2023 2/2 confessional statement of co-accused. The petitioners are not named in the FIR and there is no specific allegation of shot firing levelled against him. It is further submitted that except suspicion no consistent material has come out against the petitioners. Similarly situated co-accused persons have already been granted bail by a coordinate Bench of this Court vide order dated 24.06.2023 passed in Cr. Misc. No. 34445 of 2023. Moreover, the petitioners are languishing in judicial custody since 05.04.2023.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Karijain P.S. Case No. 05 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court.

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