Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83001 of 2024 Arising Out of PS. Case No.-307 Year-2024 Thana- BAKHTIYARPUR District- Patna ====================================================== Manish Kumar Son of Ranjit Mahto Resident of Naya Tola Sangat, PS - Bakhtiyarpur District Patna (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akash Shankar, Advocate For the Opposite Party/s :

Mr.Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 24-03-2025 Heard Mr. Akash Shankar, learned counsel for the petitioner, Mr. Anand Kishore Choudhary, learned APP for the State and learned counsel for the informant.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 341, 307, 504 and 506 of the Indian Penal Code.

3. The case of the prosecution is that on 02.06.2024 beside the house of the informant, Raushan Kumar, Gulshan Kumar, Sunny Kumar, Ajit Kumar @ Bholi and Manish Kumar (petitioner herein) were gathered and some dispute was going between them. In the meanwhile, the elder brother of the informant namely, Prakash Kumar Mahato came there and conciliated the matter. After some time, at 8:00 P.M., all the accused persons again arrived having arms and amunitions in

Patna High Court CR. MISC. No.83001 of 2024(4) dt.24-03-2025 2/3 their hand with an intention to kill the elder brother of the informant. It is further alleged that when the elder brother of the informant 100 meters away from his house, one Ajit kumar @ Golli fired at him due to which, he died. Hence, the present FIR.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that the main thrust of allegation is against Ajit @ Golli. The petitioner is only the member of the MOB. No overt act has been alleged against him. Moreover, the petitioner is languishing in judicial custody since 28.06.2024 having no criminal antecedent.

5. Learned counsel for the informant vehemently opposed the prayer of regular bail stating that trial of this case has started and three witness have already been examined and only two witnesses are to be examined.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bakhtiyarpur P.S. Case No. 307 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.83001 of 2024(4) dt.24-03-2025 3/3 ADJ-IV, Barh Court, Patna.

7. The Trial Court is directed to expedite the trial. (Ashok Kumar Pandey, J) Jagdish/- U T