Manoj Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7118 of 2024 Arising Out of PS. Case No.-252 Year-2023 Thana- TARIYANI CHOWK District- Sheohar ====================================================== Manoj Kumar Singh, Age-46, Male, Son Of Ram Ashalok Singh, R/OBedaulbaj, P.S.-Purnahiya, Distt.-Sheohar, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Surendra Kumar Singh, Advocate Mr. Ranjit Kumar, Advocate For the Opposite Party/s :
Mr.Narendra Kumar Singh, APP For the Informant :
Mrs. Vaishnavi Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 10-04-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
2. The petitioner seeks bail in connection with Tariyani P.S. Case No. 252 of 2023 instituted for the offences punishable under Sections 302 and 120(B) of the Indian Penal Code.
3. As per F.I.R., it is a case of commission of murder of one Chandan Kumar by the accused persons and allegation against the petitioner is that he is a conspirator of the alleged offence.
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He has
Patna High Court CR. MISC. No.7118 of 2024(3) dt.10-04-2024 2/3 falsely been implicated in this case due to dirty village politics. The deceased is own son-in-law of the petitioner. No one is the eye witness of the alleged occurrence. Petitioner was not present at the place of occurrence. During course of investigation, no consistent material or evidence has come against the petitioner to show his involvement in the alleged occurrence. The other co-accused persons namely, Pritesh Kumar and Chandan Kumar have already been granted bail by this Court vide order dated 14.03.2024 and 04.04.2024 passed in Cr. Misc. No. 18230 of 2024 and 24228 of 2024 respectively. Petitioner is languishing in judicial custody since 30.10.2023.
5. Learned APP for the State and learned counsel for the informant have vehemently opposed the prayer for bail.
6. Considering the facts and circumstances of the case and submissions made on behalf of the petitioner as well as period of custody of the petitioner, let the above named petitioner be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sheohar in connection with Tariyani P.S. Case No.252 of 2023.
7. The trial Court is directed to conclude the
Patna High Court CR. MISC. No.7118 of 2024(3) dt.10-04-2024 3/3 proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the petitioner shall be released on bail on above conditions and he shall be present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.
(Ramesh Chand Malviya, J) lata/- U T