Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5470 of 2025 Arising Out of PS. Case No.-820 Year-2022 Thana- FATUA District- Patna ====================================================== Manoj Kumar S/o Late Bashisth Yadav @ Late British Yadav R/o VillageVikrampur, P.S.- Fatuha, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-02-2025 Heard Mr. Praveen Kumar, learned counsel for the petitioner and Mr. Dilip Kumar No.1, learned A.P.P. for the State.

2.

The petitioner seeks bail in connection with a case registered for the offence punishable u/s 302 and 34 of the IPC and Section 27 of Arms Act.

3.

As per the prosecution case, the allegation against the petitioner and other co-accused is that they fired upon the father of the informant due to which he died. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case due to enmity. There is general and omnibus allegation

Patna High Court CR. MISC. No.5470 of 2025(2) dt.24-02-2025 2/3 against the petitioner. There is no eye witness to the alleged occurrence. It is further submitted that as per the post mortem report of the deceased only one entry of fire arm injury was found on the body of the deceased. There is no specific overt act against the petitioner. The petitioner has no criminal antecedent. He has been rotting in judicial custody since 13.11.2024, which is mentioned in the supplementary affidavit filed on behalf of the petitioner.

5.

Mr. Dilip Kumar No.1, learned APP for the State opposed the prayer for bail.

6.

Considering the facts and circumstances of this case and the period of custody, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/the Successor Court, in connection with Fatuha P.S. Case No.820 of 2022, subject to the following conditions:

(i) The petitioner shall co-operate with the investigation and shall remain physically present in the court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail

Patna High Court CR. MISC. No.5470 of 2025(2) dt.24-02-2025 3/3 bonds shall be liable to be cancelled by the learned court concerned.

(Anjani Kumar Sharan, J) shikha/- U T