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Patna High CourtCR. MISC./56800/2022allowed

Manish Kumar @ Kishlay Kumar v. The State Of Bihar

2023-03-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56800 of 2022 Arising Out of PS. Case No.-262 Year-2022 Thana- SARAIYA District- Muzaffarpur ====================================================== Manish Kumar @ Kishlay Kumar Son Of Anil Singh R/V- Hussaina Ragho, P.S- Vaishali,Dist- Vaishali At Hajipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sachin Kumar For the Opposite Party/s :

Mr. Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Saraiya P.S. Case No. 262 of 2022 registered under Sections 392,411 of the Indian Penal Code. As per the prosecution, the informant alleged that some miscreants looted his vehicle on gun point and fled away with the alleged vehicle, but later this petitioner along with other co-accused persons were apprehended by the informant and the alleged vehicle was recovered by the police.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on suspicion. It is further submitted that no any incriminating article has been recovered from the conscious possession of the petitioner and

Patna High Court CR. MISC. No.56800 of 2022(4) dt.14-03-2023 2/2 also he has not been put on T.I.P. He has no concern with the alleged occurrence. Similarly situated other co-accused persons have already been granted bail by the different co-ordinate Bench of this Court vide order dated 17.02.2023 in Cr. Misc. No. 46778 of 2022. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. He is languishing in judicial custody since 02.05.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Saraiya P.S. Case No. 262 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-IV, Muzaffarpur (West).

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