Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10676 of 2015 Arising Out of PS.Case No. -63 Year- 2014 Thana -DANIYAWAN DistrictPATNA ====================================================== Manoj Kumar S/o Sri Baleshwar Mahto @ Baleshwar Prasad Resident of Village Faridpur, P.S. Daniyawan, District Patna. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ritesh Kumar, Adv. For the Opposite Party/s : Mr. G.S.Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 24-06-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 307, 427 and other allied sections of IPC and 27 of the Arms Act.

Allegation against the accused including the petitioner is to have shot fire at the informant. Firing made by the petitioner had caused injury to the informant. Learned counsel for the petitioner submits that there is land dispute between both the parties. The father of the petitioner has also filed Complaint Case No. 1102 of 2014 which has later been registered as Daniyawan P. S. Case No. 65 of 2014 for the offence punishable under Sections 307 and other allied Sections of IPC and 27 of the Arms Act. After investigation,

Patna High Court Cr.Misc. No.10676 of 2015 (5) dt.24-06-2015 2/2 charge sheet has already been submitted and there is no chance of tampering with the witnesses. The petitioner is in custody since 23.1.2015 having no criminal antecedent.

Learned counsel for other side submits that firing made by the petitioner has caused grievous injury to the informant. Considering the facts and circumstances, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned A. C. J. M., Patna City/court concerned in Daniyawan P. S. Case No. 63 of 2014 after framing of charge with following conditions:-

1. The petitioner will not indulge himself in similar or any other offence.

2. One of the bailors must be the close relative of the petitioner.

3. The petitioner will be well represented in the Court on each and every date and in case of absence for two consecutive dates or in case of violation of terms of bail, his bail bond would be liable to be cancelled by the learned Court concerned.

(Amaresh Kumar Lal, J) Kanchan/- U T