Manohar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11743 of 2019 Arising Out of PS. Case No.-376 Year-2017 Thana- GARKHA District- Saran ====================================================== MANOHAR SINGH, aged about 41 years, Sex- Male, Son of Chandra Vas Singh Resident of Village- Gopur, P.S.- Garkha, District- Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Narendra Kumar, Adv.

For the Opposite Party/s :

Mr.Lalan Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-03-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail registered for the offences punishable under Sections 341, 323, 307, 504, 506/34 of the Indian Penal Code and Sections 27 of the Arms Act.

Allegation in brief is that accused persons including the petitioner armed with gun shot at the informant's brother Jitendra Ram twice, which hit on the chest of his brother and second also caused injury to the informant. It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case due to village enmity. There is no eye-witness of the occurrence. Petitioner has no criminal antecedent and is in custody since 05.03.2018.

Patna High Court CR. MISC. No.11743 of 2019(2) dt.11-03-2019 2/2 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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Garkha P.S. Case No. 376 of 2017, subject to 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 Court and his absence on two consecutive dates without sufficient reasons, 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 case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) Rajiv/- U T