Mani Kumar @ Mani Kumar Singh @ Maniya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58663 of 2022 Arising Out of PS. Case No.-64 Year-2022 Thana- BARAUNI District- Begusarai ====================================================== Mani Kumar @ Mani Kumar Singh @ Maniya Son Of Sri Fulena Singh, R/O Village- Bihat Ibrahimpur Tola, P.S.- Barauni, Distt.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-02-2023 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Barauni (F.C.I. O.P.) P.S. Case No. 64 of 2022 lodged under Sections 363 and 365 of the I.P.C. in which subsequently Sections 302 and 201 of the I.P.C. also added. As per prosecution, the F.I.R. has been lodged with allegation that the second son of informant upon receiving call went at about night of 8.30 pm of 31.01.2022 but he has not

Patna High Court CR. MISC. No.58663 of 2022(3) dt.24-02-2023 2/3 returned upto 03.02.2022, thereafter the F.I.R. has been lodged because his mobile has also switched off.

Learned counsel for the petitioner submits that petitioner is not named in the F.I.R., as F.I.R. has been filed against unknown. Counsel further submits that the name of petitioner has figured in this case by virtue of confessional statement of one Ankit Kumar, who has confessed that Mani Kumar @ Maniya has killed the deceased by pressing his neck. Counsel further submits that petitioner's name has figured only due to the reason that there is seven criminal cases pending against him and he is in custody since 26.03.2022.

Learned counsel for the State opposes the prayer for bail and submits that petitioner is involved in the crime and the statement of Ankit Kumar may not be disbelieved, due to the reason that he has confessed in his confessional statement that he has given the mobile of the deceased to his girl friend Poonam Kumari and the said mobile phone was seized from Poonam Kumari and subject to the seizure list. In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner, therefore, bail application of the petitioner is hereby rejected.

Patna High Court CR. MISC. No.58663 of 2022(3) dt.24-02-2023 3/3 Trial Court is directed to expedite the trial within 9 months.

(Dr. Anshuman, J.) ravishankar/- U