Patna High CourtCR. MISC./80967/2019bail granted

Manish Kumar @ Tutu Kumar v. The State Of Bihar

2020-06-04Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80967 of 2019 Arising Out of PS. Case No.-439 Year-2019 Thana- MADHEPURA District- Madhepura ====================================================== Manish Kumar @ Tutu Kumar, aged about 22 years, male, Son of Amol Yadav, Resident of Village- Jaipalpatti, P.S.- Madhepura, District- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Chand Prasad, Adv.

For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-06-2020 Heard Mr. Uday Chand Prasad, learned counsel for the petitioner and Mr. Narsingh Tanti, learned APP for the State.

The petitioner, who is in custody since 09.07.2019 and does not have criminal antecedents, seeks bail in connection with Madhepura P.S. Case No. 439 of 2019 (CIS No. 798 of 2019), dated 15.05.2019, instituted for the offence under Section 302 of the Indian Penal Code. The deceased was found dead on the road. The F.I.R. has been registered against unknown. Later, two persons, viz., Vikash Kumar, son of Narayan Prasad Yadav

Patna High Court CR. MISC. No.80967 of 2019(5) dt.04-06-2020 2/2 and Vikash Kumar @ Baldeo Thakur, son of Umesh Thakur, whose statements have been recorded in paragraph 17 and 18 of the case diary, have disclosed the name of the petitioner and the motive for killing the deceased. From their statements, it appears that because of a motorcycle, there was a dispute and therefore the deceased has been done to death. Their statements appear to be vague and full of blemishes.

Considering the vague nature of accusation against the petitioner and his period of custody, he is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection with Madhepura P.S. Case No. 439 of 2019 (CIS No. 798 of 2019). The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T