Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64792 of 2022 Arising Out of PS. Case No.-34 Year-2021 Thana- GWALPARA District- Madhepura ====================================================== MANISH KUMAR SON OF RADHEY SHYAM MANDAL @ RADHE SYAM MANDAL R/O VILLAGE- RAHUA, WARD NO.06, P.S.- SOUR BAZAR, DISTRICT- SAHARSA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Chand Prasad For the Opposite Party/s :

Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 394 of the Indian Penal Code.

Prosecution case relates to loot of motorcycle of the informant on pistol point.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Neither the petitioner is named in the FIR not put on TIP. There is no eye witness of the alleged occurrence. Nothing has been recovered from his conscious possession. His name surfaced in the present case on the basis of confessional statement of

Patna High Court CR. MISC. No.64792 of 2022(4) dt.27-04-2023 2/2 Bikram Sada. After his arrest, police took the signature of the petitioner on plain paper to which police party has manufactured it as confessional statement. Nothing has been recovered from his possession. He is languishing in judicial custody since 28.6.2021.

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 Judicial Magistrate- 1st Class, Udakishunganj, Madhepura in connection with Gwalpara P.S. Case No. 34 of 2021.

(Sunil Kumar Panwar, J) sushma/- U