Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81539 of 2024 Arising Out of PS. Case No.-162 Year-2024 Thana- CHANPATIA District- West Champaran ====================================================== Manish Kumar, S/o- Saroj Sah, R/o Village- Puraina Gosai, PS-Chanpatiya District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 22-11-2024 Heard learned counsel for the petitioner and Mr. Ramchandra Sahni, learned APP for the State.

2. The petitioner has prayed for regular bail in connection with Chanpatiya P.S. Case No.162 of 2024 registered for the offence punishable under Sections 309(4) and later on added Section 317(3) of Bhartiya Nyay Sanhita.

3. The case of the prosecution is that altogether Rs. 3,90,000/- (Three lakh and ninety thousand) was looted from the bag of the informant by some unknown miscreants.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He is not named in the F.I.R. rather his name has surfaced in this case on the basis of confessional statement of co-accused namely, Niraj Kumar before the police,

Patna High Court CR. MISC. No.81539 of 2024(2) dt.22-11-2024 2/2 which has no evidentiary value in the eye of law. Neither he has been apprehended on the spot nor anything has been recovered from his conscious possession. Similarly situated other accused persons have already been enlarged on bail by this Court vide order dated 05.10.2024 passed in Cr. Misc. No. 71933 of 2024 and Cr. Misc. No. 72422 of 2024. The petitioner suo moto surrendered on 30.08.2024 and since then he is languishing in judicial custody.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named 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 J.M. 1st Class, Bettiah, West Champaran in connection with Chanpatiya P.S. Case No. 162 of 2024.

(Ashok Kumar Pandey, J) lata/- U T