Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81204 of 2023 Arising Out of PS. Case No.-457 Year-2023 Thana- KOTWALI District- Munger ====================================================== MANISH KUMAR Son of Nawal Kishore Yadav @ Nawal Kishore Prasad Yadav R/o vill - Sandalpur, P.S. - Kasim Bazar, distt. - Munger ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Kotwali P.S. Case No. 457 of 2023 registered under section 420, 467, 468, 471 of the Indian Penal Code and Section 10 of the Bihar Examination Act and Section 66D of the IT Act.

As per FIR, the co-accused person was apprehended with electronic device while he appearing in Examination of Selection Commission of Constable recruitment and it is also alleged that the petitioner was also his associate. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of

Patna High Court CR. MISC. No.81204 of 2023(2) dt.15-12-2023 2/2 confessional statement of co-accused, namely, Giriraj Kumar. The petitioner is not named in F.I.R. and he has no concern with the alleged occurrence or with the co-accused persons. Nothing has been recovered from the conscious possession of the petitioner. It is also submitted that he has got no criminal antecedent. Moreover, he is languishing in judicial custody since 02.10.2023.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Kotwali P.S. Case No. 457 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Munger. (Sunil Kumar Panwar, J) manishkumar/- U T