Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78737 of 2023 Arising Out of PS. Case No.-151 Year-2023 Thana- PARASBIGHA District- Jehanabad ====================================================== Manish Kumar S/O Vinay Prasad R/O Village- Amain, P.S- Parasbigha, Distt.- Jehanabad.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhaskar Shankar For the Opposite Party/s :
Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-12-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 323, 341, 307, 302, 120B, 504, 506 and 34 of the Indian Penal Code and Section 27 of Arms Act.
3. As per prosecution story, while the informant was returning from his field and reached near the house of Dharamveer Mahto, the FIR named accused persons surrounded him and further allegation is that Dharamveer Mahto opened fire hitting the chest of the son of the informant when his nephew came to save the son the informant, another bullet was fired which hit on the stomach of the nephew of the informant. They were taken to Sadar Hospital, Jehanabad where the son of
Patna High Court CR. MISC. No.78737 of 2023(2) dt.07-12-2023 2/3 the informant was declared dead.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The specific allegation of firing and assaulting upon the deceased and one Santosh Kumar is against other co-accused person, namely, Dharampal Mahto. No any specific overt act has been attributed against the petitioner. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Similarly situated other co-accused persons have already been granted bail by another co-ordinate Bench of this Court vide Annexure-2 series of this petition. Moreover, the petitioner is languishing in judicial custody since 17.08.2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Parasbigha P.S. Case No. 151 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.78737 of 2023(2) dt.07-12-2023 3/3 satisfaction of learned J.M. 1st Class, Jehanabad. (Sunil Kumar Panwar, J) Shubham/- U T