Manoj Kumar Mani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6450 of 2019 Arising Out of PS. Case No.-168 Year-2018 Thana- SALAKHUA District- Saharsa ====================================================== Manoj Kumar Mani, age about 45 years (M), son of Mahadeo Mandal Resident of Village - Kaloutaba, P.S. Salkhua, (O.P. Banma Itahri), District, Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binay Kumar For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-03-2019 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

Informant is the wife of the injured who in her written complaint has alleged that there was Panchayati being held and, thereafter, her husband was returning and as he came near his house, F.I.R. named accused assaulted him by different means and there is allegation against the petitioner of causing farsa blow injury on the head of the husband of the informant. It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case due to

Patna High Court CR. MISC. No.6450 of 2019(3) dt.13-03-2019 2/3 land dispute between the parties. The injury report which has been enclosed as Annexure 2 shows that there is no sharpcutting injury on the head of the husband of the informant. Petitioner is in custody since 06.12.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Salkhua (O.P. Banma Itahri) P.S. Case No. 168/2018 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that

Patna High Court CR. MISC. No.6450 of 2019(3) dt.13-03-2019 3/3 case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T