Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68015 of 2023 Arising Out of PS. Case No.-504 Year-2022 Thana- TRIVENIGANJ District- Supaul ====================================================== MANISH KUMAR S/O DEVDAT YADAV R/O. VILLAGE - YOGIYACHAHI WARD NO 6, P.S.- TRIVENIGANJ, DISTRICT - SUPAUL ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hriday Narayan Harshit, Adv.

For the Opposite Party/s :

Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-11-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 302 and 201 of the IPC. 3.

Allegedly, the informant came to know that his sister has died and on inquiry over phone, her husband stated that by mistake, informant's sister has got shot. It is alleged that when the informant went to her house, he found that all family members were absconding after cremating her dead body. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case merely on suspicion. No such occurrence, in the manner as alleged, has ever taken place. Petitioner is not named in the F.I.R. and during investigation, he

Patna High Court CR. MISC. No.68015 of 2023(2) dt.03-11-2023 2/2 has been made accused in the present case. There is specific allegation against the co-accused Rabindra Yadav to fire upon the deceased. It is further submitted that the petitioner is nephew of the husband of deceased and is living separately from the husband of the deceased. Petitioner has no criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Triveniganj P.S. Case No.504 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T