Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11604 of 2015 Arising out of PS.Case No. -163 Year- 2014 Thana -EKANGARSARAI District- NALANDA (BIHARSHARIFF) ====================================================== Manoj Kumar, Son of Sitaram Prasad, resident of village Murarpur, P.s Hilsa District- Nalanda.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Lovekush Kumar, Advocate. For the Opposite Party : Mr. Md. Fahimuddin(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 25-05-2015 Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel for the State. The petitioner is in custody since 16.12.2014 in connection with Ekangar Sarai P.S. Case No. 163 of 2014, registered for the offences punishable under Sections 341, 323, 307, 324, 385, 379 and 504/34 of the Indian Penal Code. The allegation against the petitioner is that the petitioner called the informant Sanjeev Kumar to Ekangar Sarai Railway Station and thereafter he alongwith others attacked the informant leading to cut injury.

Learned counsel for the petitioner submits that though the occurrence is of 04.09.2014 but fardbeyan of the informant in the present case was recorded on 13.09.2014 at P.M.C.H., Patna,

Patna High Court Cr.Misc. No.11604 of 2015 (3) dt.25-05-2015 2 / 2 though the informant was referred to P.M.C.H. on 05.09.2014 itself.

Learned counsel for the petitioner submits that the informant took his treatment at P.M.C.H. between 05.09.2014 to 13.09.2014 but learned counsel for the informant when queried about the delay, is unable to explain as to why the F.I.R. was not registered immediately upon the informant having been admitted in P.M.C.H. It is also strange that how after having received treatment at Ekangar Sarai Primary Health Centre, the doctor concern referred him to P.M.C.H., Patna, but did not also get the case registered at the said place.

Considering the aforementioned submissions particularly the fact that the petitioner has been in custody since 16.12.2014, almost six months and the petitioner has no criminal antecedent, let the petitioner, above named, 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 the learned A.C.J.M. Hilsa, Nalanda, in connection with Ekangarsarai P.S. Case No. 163 of 2014.

U.K./- (Anjana Mishra, J) U T