Manish Kumar @ Manish Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66814 of 2023 Arising Out of PS. Case No.-396 Year-2018 Thana- LALGANJ District- Vaishali ====================================================== Manish Kumar @ Manish Sahni S/O Suresh Sahni Resident Of Village Balha Basanta Ward No 12, Ps- Lalganj, Dist- Vaishali At Hajipur ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Niranjan Parihar, Adv For the Opposite Party/s :
Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 05-03-2024 Heard learned cousnel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Lalganj P.S.Case No. 396 of 2018 instituted for the offences punishable under Sections 394 of the Indian Penal Code and Section 27 of the Arms Act.
3. The prosecution case in short is that FIR has been lodged against three unknown accused persons against whom there is allegation that they have looted Rs. 18,000/- from the informant and one miscreants opened fire causing injury on the chest of the informant.
4 Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.66814 of 2023(5) dt.05-03-2024 2/2 case. The name of the petitioner surfaced on the basis of confessional statement of co-accused Barun Kumar. The petitioner is in custody since 31.03.2023 and he has got nine criminal antecedents. Similarly situated co-accused person has already been granted bail by co-ordinate Bench of this Court in Cr. Misc. No. 9211 of 2024 vide order dated 20.02.2024.
5. Learned APP opposes the prayer for bail
6. From perusal of the case diary and impugned order dated 21.07.2023, it appears that petitioner is not named in the FIR and his name transpired on the basis of confessional statement of co-accused, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-II, Vaishali at Hajipur in connection with Lalganj P.S.Case No. 396 of 2018. (Ramesh Chand Malviya, J) N.K/- U T