Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70387 of 2023 Arising Out of PS. Case No.-179 Year-2020 Thana- KAKO District- Jehanabad ====================================================== MANISH KUMAR S/O SIYARAM SHARMA @ SIYARAM PRASAD VILLAGE- MURASA, PS. KAKO (BHELAWAR), DIST. JEHANABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aryan Singh For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-11-2023 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 section 341, 323, 504, 506, 302 and 34 of the Indian Penal Code.

3. As per FIR, the informant alleged that while his father was returning home from his field in the meantime the petitioner and co-accuse persons assaulted his father by means of lathi, danda, and iron rod due to which his father sustained injuries. It is further alleged that when informant and his family members came to save his father then all accused persons also assaulted them and during treatment his father died.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.70387 of 2023(2) dt.06-11-2023 2/2 committed no offence. He has falsely been implicated due to previous land dispute. There is no specific allegation of assaulting levelled against the petitioner rather general and omnibus allegation levelled against him. Similarly situated coaccused has already been granted bail by a coordinate Bench of this Court vide order dated 27.02.2023 passed in Cr. Misc No. 66920 of 2022. It is further submitted that the petitioner is languishing in judicial custody since 03.08.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kako Bhelawar P.S. Case No. 179 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Ist, Jehanabad. (Sunil Kumar Panwar, J) Manishkr/- U T