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Patna High CourtCR. MISC./2714/2020bail granted

Manish Kumar Singh v. The State Of Bihar

2020-01-20Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2714 of 2020 Arising Out of PS. Case No.-362 Year-2016 Thana- FATUA District- Patna ====================================================== MANISH KUMAR SINGH S/o Sri Shiv Shankar Singh Resident of VillageAnand Golba, P.S.- Mohaddinagar, Distt- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Chandra For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-01-2020 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Fatuha P.S. Case No. 362 of 2016 for the offence registered under Sections 302 and 394 of the Indian Penal Code and Section 27 of the Arms Act.

As per the allegation in the FIR, father of the informant who was an Assistant Sub-Inspector of Police was killed by unknown accused persons and his service pistol and cartridges were taken away.

It is submitted by learned counsel for the petitioner that the name of the petitioner has transpired on the confessional statement of co-accused Lallan Singh who happens to be the full brother of the petitioner. The petitioner was remanded

Patna High Court CR. MISC. No.2714 of 2020(2) dt.20-01-2020 2/2 nearly 2 1⁄2 years after the occurrence. There has been no recovery of any incriminating articles. The petitioner is in custody since 04.05.2019 and even the investigation has concluded. It is further submitted that similarly situated coaccused person has already been granted bail by a coordinate Bench of this Court vide order dated 11.09.2019 passed in Criminal Misc. No. 38333 of 2019.

Having regard to the facts and circumstances of the case and considering the submissions made by the learned counsel for the petitioner, I deem it fit and proper to direct for release of the petitioner herein on regular bail. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Patna City, District-Patna in connection with Fatuha P.S. Case No. 362 of 2016.

(Mohit Kumar Shah, J) S.Sb/- U T