Manoj Kumar @ Baba @ Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83202 of 2024 Arising Out of PS. Case No.-807 Year-2019 Thana- DANAPUR District- Patna ====================================================== Manoj Kumar @ Baba @ Vikash Kumar, S/O Amit Kumar @ Amit Dubey, R/O Village- Sahebganj, Sonarpatti, Butanbari Gali, P.S- Muffasil, Distt.- Saran (Chapra).
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Praveen Prabhakar, Advocate For the Opposite Party/s :
Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 27-03-2025 Heard Mr. Praveen Prabhakar, learned counsel for the petitioner and Mr. Madhura Nand Jha, learned APP for the State.
2. The petitioner has prayed for bail in connection with Session Trial No. 306 of 2021 arising out of Danapur P.S. Case No. 807 of 2019 registered for the offence punishable under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. The case of the prosecution is that on 18.10.2019 in the mid night, the informant got an information that his son has sustained gun shot injury. The informant and his family members rushed towards the place of occurrence and found his son injured. They took him to Paras Hospital, Patna where he was declared dead. There is also an allegation of informant that
Patna High Court CR. MISC. No.83202 of 2024(4) dt.27-03-2025 2/3 his son was being killed by one Vivek Kumar and two unknown miscreants.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. It has further been submitted that this petitioner was apprehended on suspicion and he has also given his confessional statement. In this case, no one is the eye witness. Nothing has been recovered from the possession of this petitioner. There is nothing save and except confessional statement of the petitioner against him. Charge sheet has been filed in this case. It has also been submitted that similarly situated co-accused, namely, Sumit Kumar has been granted bail by learned Co-ordinate Bench of this Court vide order dated 10.01.2023 in Cr. Misc. No. 788 of 2022. Petitioner is languishing in judicial custody since 25.08.2020.
5. The application for bail is opposed by learned APP for the State and submitted that petitioner is having criminal antecedent of 12 cases.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named
Patna High Court CR. MISC. No.83202 of 2024(4) dt.27-03-2025 3/3 petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned 5th Additional Sessions Judge, Danapur in connection with Session Trial No. 306 of 2021 arising out of Danapur P.S. Case No. 807 of 2019.
(Ashok Kumar Pandey, J) lata/- U T