Anish Kumar Manjhi @Anish Kr. @Anish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63168 of 2022 Arising Out of PS. Case No.-155 Year-2022 Thana- MADHAURAH District- Saran ====================================================== ANISH KUMAR MANJHI @ANISH KR. @ANISH KUMAR S/o Nagendra Manjhi R/v- Singahi, P.S.- Doriganj, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302, 307, 120B and 34 of the Indian Penal Code and Section 27 of the Arms Act. As per prosecution case, the informant runs a jewellery shop and three persons worked in that shop. At the very moment one unknown person covered his face, entered in the shop and painted a country-made pistol towards the informant. After departure of the informant one of those miscreants shot fired on one of the employees of the informant

Patna High Court CR. MISC. No.63168 of 2022(3) dt.18-05-2023 2/3 namely Anil Kumar, due to which he died and the informant sustained gun-shot injury on his right hand.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the petitioner has come into light, on the basis of confessional statement of co-accused Anurag Kumar Singh and Shubham Singh @ Pahalwan, which have got no evidentiary value in the eyes of law. The petitioner has worked as a liner in the occurrence and no incriminating has been recovered from the conscious possession of the petitioner. There is no consistent evidence and no specific overt act against the petitioner. No T.I. Parade has been done. He is languishing in judicial custody since 08.06.2022.

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

Patna High Court CR. MISC. No.63168 of 2022(3) dt.18-05-2023 3/3 of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra in connection with Madhaura P.S. Case No. 155 of 2022.

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