Mohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65294 of 2023 Arising Out of PS. Case No.-3 Year-2023 Thana- MANJHI District- Saran ====================================================== Mohit Kumar Son Of Dhupnath Mahto Village- Kala Gurudaha, Ps- Manjhi, Dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priyanka Singh For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-12-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 326, 302/34 of the Indian Penal Code. It is a case of commission of murder of the brother of the informant. It is alleged against the petitioner that he caught hold the brother of the informant and co-accused Mannu Kumar stabbed the victim, as a result of which, he sustained injuries in his stomach and died during treatment.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.65294 of 2023(3) dt.20-12-2023 2/3 petitioner that petitioner is innocent and he has falsely been implicated in this case. The informant is not the eye witness to the occurrence. The petitioner is only alleged to have caught hold the deceased while it is specifically alleged against co-accused Mannu Kumar that he stabbed the victim. During investigation, it came to know that said Mannu Kumar was annoyed with the deceased since he had an affairs with his sister and out of raise, he stabbed the victim. The petitioner has no concern with said Mannu Kumar. The postmortem report also suggests the cause of death as stab injury. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid aforesaid, let the petitioner, above named, be released on bail after framing of charge, if the charge has still not been

Patna High Court CR. MISC. No.65294 of 2023(3) dt.20-12-2023 3/3 framed and on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran in connection with Manjhi P.S. Case No. 03 of 2023(Sessions Trial No. 394 of 2023). (Sunil Kumar Panwar, J) Shageer/- U T