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Patna High CourtCR. MISC./60776/2023allowed

Manish Kumar @ Manish Singh @ Manish Rai @ Nanki v. The State Of Bihar

2023-10-05Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60776 of 2023 Arising Out of PS. Case No.-172 Year-2020 Thana- BIDUPUR District- Vaishali ====================================================== Manish Kumar @ Manish Singh @ Manish Rai @ Nanki Son Of Jitendra Rai @ Jitendra Ray @ Jitendra Singh R/O Village -Nanhak Chak, Ps -Bidupur District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivanand Singh For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 120B of the Indian Penal Code and Section 27 of Arms Act.

3. As per prosecution case, the husband of the informant was shot dead by the FIR named accused persons along with unknown in the background of their demand of Rs. 20,00,000/- as extortion money. Accordingly, the present FIR was lodged.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR. His name was transpired in

Patna High Court CR. MISC. No.60776 of 2023(2) dt.05-10-2023 2/2 this case on the basis of confessional statement of co-accused Raju Mali who has already been enlarged on bail granted by vide order dt. 26.5.2022 passed in Cr. Misc No. 7027 of 2022. Except confession of the co-accused, no any consistent material has come against the petitioner during investigation. Moreover, the petitioner is languishing in judicial custody since 4.2.2022.

5. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the petitioner has got several criminal antecedents.

6. Considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Bidupur P.S. Case No. 172 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge 1st, Hajipur, Vaishali.

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