Patna High CourtCR. MISC./72419/2023bail granted

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

2024-01-23Mr. Justice Alok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72419 of 2023 Arising Out of PS. Case No.-401 Year-2022 Thana- MAHUA District- Vaishali ====================================================== MANISH KUMAR @ GOLU @ GOLU KUMAR SINGH S/O RAKESH KUMAR SINGH R/O VILLAGE- GOVINDPUR- SINGHARA, P.SMAHUA, DISTT.- VAISHALI, PIN- 844126. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhay Kumar For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 23-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Mahua P.S. Case No.401 of 2022 registered for the offences punishable under Sections 302 and 201/34 of the IPC.

3. As per prosecution case, informant's daughter reached her sasural and informed on mobile that her life is in danger and after some time her mobile went on switch off mode. On the said information, informant went to her daughter's sasural where she found that the house was closed. Thereafter, she went to police station where she came to know that dead body of unknown lady has been found which had been sent to postmortem house, Sadar hospital and informant identified the dead body of her deceased daughter. It is further alleged by informant that informant's son-in-law Nagendra

Patna High Court CR. MISC. No.72419 of 2023(3) dt.23-01-2024 2/3 Singh, petitioner and others alongwith 3-4 unknown miscreants have committed the murder of her daughter Shabnam Devi.

4. Learned counsel for the petitioner submits that petitioner is in custody since 07.06.2023 and bears criminal antecedent of two cases and orally submits that petitioner is on bail in the aforesaid cases. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. He further submits that petitioner is a co-villager and he is not in any way connected with the deceased family. There is no eye witness to the alleged occurrence. Only on the basis of suspicion, petitioner's name has falsely been roped in the present case. Except suspicion, there is nothing on record to demonstrate the complicity of petitioner with the alleged occurrence. Learned counsel further submits that informant has been examined as P.W. 4 during the course of trial and she has clearly stated that petitioner is not in any way connected with the alleged occurrence and other witnesses i.e. P.W. 1 and P.W. 2 have also not supported the case of prosecution. In this way, petitioner is quite innocent and has committed no offence as alleged in the FIR.

5. The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case, period of custody, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence,

Patna High Court CR. MISC. No.72419 of 2023(3) dt.23-01-2024 3/3 argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-IV, Vaishali at Hajipur in connection with Mahua P.S. Case No.401 of 2022, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for a single date without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself.

(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) vashudha/- U T