← Library
Patna High CourtCR. MISC./64516/2023allowed

Manish Singh @ Manish Kumar v. The State Of Bihar

2023-11-03Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64516 of 2023 Arising Out of PS. Case No.-59 Year-2019 Thana- BARHIYA District- Lakhisarai ====================================================== Manish Singh @ Manish Kumar Son Of Late Mohan Singh VillageLangarpur, Ps- Barh, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-11-2023 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, 201, 120B and 34 of the Indian Penal Code and Section 27 of Arms Act.

3. As per FIR, a dead body of the brother of the informant was found on the railway track and he suspects that petitioner along with other co-accused persons committed murder of his brother.

4. 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. There is no eye witness of the alleged occurrence. During

Patna High Court CR. MISC. No.64516 of 2023(3) dt.03-11-2023 2/2 investigation, save and except vague suspicion, no any cogent material has come against the petitioner. Similarly situated other co-accused persons have already been granted bail by another co-ordinate Benches of this Court vide Annexure-3 series of this petition. Moreover, the petitioner is languishing in judicial custody since 29.07.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Barhaiya P.S. Case No. 59 of 2019 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai. (Sunil Kumar Panwar, J) Shubham/- U T