Patna High CourtCR. MISC./76838/2023bail granted

Manish Kumar v. The State Of Bihar

2023-12-04Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76838 of 2023 Arising Out of PS. Case No.-728 Year-2020 Thana- MUFFASIL District- West Champaran ====================================================== MANISH KUMAR Son of Santosh Matho R/o vill - Singhachhapar, P.S. - Bettiah Muffasil, Distt. - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bettiah Muffasil P.S. case No. 728 of 2020 instituted for the offences under Sections 302, 201, 34 of the Indian Penal Code.

3. As per the prosecution case, it is stated by the informant that his son who used to give tuition to different students was found murdered with his throat slit with a sharp cutting weapon.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 11.07.2023 and has 3 criminal antecedents but he is on bail in all the cases. The petitioner has falsely been implicated in the present case only on the basis of

Patna High Court CR. MISC. No.76838 of 2023(2) dt.04-12-2023 2/2 confessional statement of the co-accused Ravi Alam. He further submitted that the co-accused person has already been granted bail by the co-ordinate Bench of this Court vide order dated 22.12.2022 passed in Cr. Misc. No. 12326 of 2022.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the fact that the name of the petitioner came into light on the basis of confessional statement of co-accused Ravi Alam as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner 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 Court below/concerned Court in connection with Bettiah Muffasil P.S. case No. 728 of 2020.

(Rudra Prakash Mishra, J) Alok Verma/- U T