Manoj Sah @ Monoj Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7563 of 2024 Arising Out of PS. Case No.-38 Year-2023 Thana- MURLIGANJ District- Madhepura ====================================================== Manoj Sah @ Monoj Sah S/O SRI BRIJ BIHARI SAH VILLAGEJANKINAGAR WARD NO. 11, PS. JANKINAGAR, DIST. PURNEA. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amit Kumar Anand, Adv.
For the Opposite Party/s :
Mr.Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 16-02-2024
1. Heard the parties.
2. Petitioner seeks regular bail in connection with Murliganj P.S. Case No. 38/ 2023 dated 30.01.2023 registered for the offence(s) punishable under Section(s) 392 and 411 of the Indian Penal Code and under sections 25(1-b)a, 26 and 35 of Arms Act.
3. The main submissions advanced by learned counsel for the petitioner are that this is second attempt of the petitioner for the relief of regular bail after the petitioner's earlier attempt for the same relief was rejected by this court vide order dated 04.08.2023 passed in Cr. Misc. No. 48671/ 2023 preferred by this petitioner with giving a liberty to him to renew his bail prayer after framing of charge upon him and now the petitioner has again come for the same relief mainly on the basis of the
Patna High Court CR. MISC. No.7563 of 2024(2) dt.16-02-2024 2/2 said liberty as his trial has started and charges have been framed upon him on 13.12.2023. Further submissions are that the petitioner has been languishing in jail since 31.01.2023 and after rejection of petitioner's first prayer for regular bail one coaccused, Md. Arif carrying almost similar allegation has been granted bail by a co-ordinate Bench of this court vide order passed in Cr. Misc. No. 39474 of 2023.
4. Learned APP appearing for the State opposes the bail prayer.
5. Considering the above submissions and mainly taking into account the petitioner's incarceration period and also stage of his trial and his fair and clean antecedent and the privilege of bail granted to co-accused mentioned above, this court is now inclined to accept his bail prayer. Accordingly, let the petitioner named-above be released on bail in connection with Murliganj P.S. Case No. 38 of 2023 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) BKS/- U T