Manoj Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23545 of 2016 Arising Out of PS.Case No. -59 Year- 2015 Thana -RUPAULI District- PURNIA ====================================================== Manoj Singh son of Sri Ghoghai Singh, resident of village Laualagan, Police Station- Chousa, District- Madhepura.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar Thakur For the Opposite Party/s : Mr. Anil Kr Singh No. 6 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 30-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.
In this case, the petitioner is seeking bail in connection with Rupaulee (Mohanpur) P.S. Case No. 59 of 2015 registered for offences under sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act.
As per First Information Report, on the date of incident, the father of the Informant along with one Ishhaq Mian was returning to the village. When they reached near culvert, unknown accused persons fired upon them, whereupon, the father including Ishhaq Mian were killed. The name of the petitioner has come in the confessional statement of Sunil Kumar Singh who has been granted bail by this Court by order dated 13.10.2015 in Cr.
Patna High Court Cr.Misc. No.23545 of 2016 (2) dt.30-05-2016 Misc. No. 28551 of 2015. Co-accused Nand Kishore Jaiswal has been granted bail by order dated 13.10.2015 in Cr. Misc. No. 30026 of 2015. Pulkit Singh has been granted anticipatory bail by order dated 21.9.2015 in Cr. Misc. No. 24488 of 2015. Another accused person Devendra Singh has been granted bail by this Court by order dated 9.10.2015 in Cr. Misc. No. 26445 of 2015 and co-accused, namely, Adalat has been granted anticipatory bail by order dated 13.1.2016 in Cr. Misc. No. 44985 of 2015. Looking to the facts and circumstances of the case, let the petitioner, namely, Manoj Singh, 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 learned Judicial Magistrate, 1st Class, Purnea in connection with Rupaulee (Mohanpur) P.S. Case No. 59 of 2015, subject to the condition that (i) one of the bailors shall be a close relative of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail and (iii) the petitioner would cooperate the proceeding of the court below.
Patna High Court Cr.Misc. No.23545 of 2016 (2) dt.30-05-2016 will report to the Rupaulee (Mohanpur) police station by 7th of every month for at least six months and in case of failure without any valid rhyme or reason, the bail of the petitioner will be treated to have been cancelled.
(Shivaji Pandey, J) Rishi/- U T