Mangal Kumar @ Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60811 of 2023 Arising Out of PS. Case No.-270 Year-2022 Thana- NAGAR District- Vaishali ====================================================== Mangal Kumar @ Manish Kumar Son Of Sudhir Sah Resident Of VillageRajendra More, Ps- Hajipur, Town, Distt- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Singh For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for bail in a case instituted for the offence under Sections 302/34 of the Indian Penal Code. The case as per prosecution is that the police upon knowledge that some accused persons have attacked a person, reached Vaishali Mahila College and found a person lying unconscious and on chase, arrested Kishan Das and Vicky Kumar, who disclosed that Lakhan Kumar, Ganesh Kumar and petitioner were also present there, who managed to escape. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Petitioner was not arrested on spot, rather his name come in confessional statement of apprehended co-accused, before the police. No one

Patna High Court CR. MISC. No.60811 of 2023(2) dt.15-09-2023 2/2 is independent eye witness of the alleged occurrence. During investigation, no consistent material has come against the petitioner to show his involvement in the present case. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 19.7.2023 passed in Cr. Misc. No. 36900 of 2023. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 14.12.2022.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Vaishali at Hajipur in connection with Hajipur Town P.S. Case No. 270 of 2022.

(Sunil Kumar Panwar, J) sushma/- U