Manoj Singh @ Manoj Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20403 of 2025 Arising Out of PS. Case No.-570 Year-2022 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Manoj Singh @ Manoj Kumar Singh Son of Ramadhar Singh Resident of Village- Jamla, P.S.- Motihari Muffasil, Distt.- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Kumar, Advocate For the Opposite Party/s :
Ms. Anita Kumari, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 23-07-2025 Heard Mr. Rakesh Kumar, learned counsel for the petitioner and Ms. Anita Kumari, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Motihari Town P.S. Case No. 570 of 2022, F.I.R. dated 14.08.2022 for the offences punishable under Sections 341, 323, 324, 307, 504, 506, 379/34 of the Indian Penal Code.
3. According to prosecution case, on 13.08.2022 at around 07:45 A.M., the informant was returning home with his uncle after visiting a clinic in Motihari. Accused persons including the petitioner surrounded the informant. Vinod Singh ordered to kill the informant and rob him. Petitioner stabbed the informant in the head with a knife, causing a bleeding injury. As the informant tried to escape, Munna Singh hit him on the head with the butt of pistol and snatched a gold chain worth Rs. 1 lakh. Pramod Singh took Rs. 5,000/- from the informant's
Patna High Court CR. MISC. No.20403 of 2025(4) dt.23-07-2025 2/3 pocket.
4. Learned counsel for the petitioner submits that the petitioner has clean antecedent. The allegation as alleged in the F.I.R. is false and fabricated. As per allegation in the F.I.R., the petitioner has assaulted to the informant by means of knife and informant has received injury. Learned counsel for the petitioner further submits that although there is specific allegation against the petitioner but the injury report of the informant is simple in nature and apart from that, there is case and counter case.
5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts that the petitioner has clean antecedent, there is case and counter case and injury inflicted upon injured person (informant) is simple in nature, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 C.J.M., Motihari in connection with Motihari P.S. Case No. 570 of 2022, subject to the conditions as laid down under Section
Patna High Court CR. MISC. No.20403 of 2025(4) dt.23-07-2025 3/3 438(2) of the Code of Criminal Procedure /Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- i. 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 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Neha/- U T