Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63253 of 2019 Arising Out of PS. Case No.-476 Year-2019 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== MANISH KUMAR, aged about 40 years (Male), Son of Rabindra Kumar, Resident of Mohalla-Gopaljee Lane, Chhota Bazar, P.S.-Town, DistrictMuzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Sunil Kumar Pandey, Advocate.

For the State :

Mr. Nityanand Tiwary, A.P.P.

For the Informant : Mr. Manoj Kumar, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-10-2019 Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel for the State. The petitioner seeks bail in a case for the offence registered under Sections 341, 323, 324, 325,307, 506/34 of the IPC and 27 of the Arms Act.

The prosecution story, in brief, is that the informant was doing work of steel setting in the house of Rabindra Kumar two days ago. On 02.06.2019, the work was finished and measurement was being done, in the meantime, the petitioner came there with two revolvers. The petitioner fired from his revolvers and Rabindra Kumar attacked on him with steel rod. It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 03.06.2019. The petitioner has got no criminal antecedent. The

Patna High Court CR. MISC. No.63253 of 2019(2) dt.22-10-2019 2/2 petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. There is case and counter case between the parties. Free fight is alleged to have taken place between the parties. Injury on the accused side has not been explained by the prosecution. The prosecution has not come with clean hands. There is no injury report in support of allegation made in the F.I.R.

On behalf of the State and informant and the informant, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Muzaffarpur, in connection with Town P.S. Case No. 476 of 2019.

(Sudhir Singh, J) U.K./- U T