Patna High CourtCR. MISC./7353/2015bail granted

Manoj Kumar Singh @ Manoj Kumar v. The State Of Bihar

2015-06-23Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7353 of 2015 Arising Out of PS.Case No. -234 Year- 2013 Thana -ATRI District- GAYA ====================================================== Manoj Kumar Singh @ Manoj Kumar S/o Sri Suresh Singh Resident of Village Kajur, Police Station Atari in the District of Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhu Narayan Sharma For the Opposite Party/s : Mr. Rajendra Prasad Nat (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-06-2015 Heard both sides.

The petitioner seeks bail in a case under Section 302 and other sections of the Indian Penal Code.

The petitioner Manoj Kumar Singh @ Manoj Kumar with the accused Gopal Kumar and Binay Kumar Singh are alleged to have assaulted Mitendra Kumar, the brother of the informant, with iron rod. Consequently, the brother of the informant died. It is submitted that the informant, during the course of investigation, disclosed that he was in Delhi and he is not an eye-witness of the occurrence. It is submitted that similarly situated co-accused Gopal Kumar and Binay Kumar Singh have already been granted bail vide orders passed in Cr. Misc. No. 42888/2014 and Cr. Misc. 17035/2014. The case of the petitioner stands on similar footing as that of Gopal Kumar and Binay

Patna High Court Cr.Misc. No.7353 of 2015 (3) dt.23-06-2015 2/2 Kumar Singh.

Learned counsel for the informant as well as learned A.P.P. did not dispute these facts and at the same time submitted that the prayer for bail of the co-accused Binay Kumar Singh was earlier rejected but, later on, he was granted bail vide order dated 14.07.2014 passed in Cr. Misc. No. 17035/2014. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Anand Kumar Singh, Judicial Magistrate, 1st Class, Gaya in Atari P.S. Case No. 234 of 2013.

(Prabhat Kumar Jha, J) Dilip/- U T