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Patna High CourtCR. MISC./21247/2024allowed

Manoj Kumar v. The State Of Bihar

2024-04-26Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21247 of 2024 Arising Out of PS. Case No.-77 Year-2023 Thana- KHUDWA District- Aurangabad ====================================================== Manoj Kumar, S/o Kapildeo Yadav @ Kapildeo Singh R/o Village-Lahasha, P.S.-Khudwan, District-Aurangabad (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjit Kumar, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Khudwan P.S. Case No. 77 of 2023 for the offences registered under Sections 147, 148, 149, 341, 504, 506, 324, 307 and 302 of the Indian Penal Code.

3. As per the prosecution case, on the date of occurrence when informant was going to plough his land along with his uncle, brother and cousin brother, petitioner along with F.I.R. named accused persons and 20 to 30 unknown persons intercepted them and assaulted the uncle and cousin brother of the informant. Uncle of the informant died during course of treatment at Banaras.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The main allegation

Patna High Court CR. MISC. No.21247 of 2024(3) dt.26-04-2024 2/2 is against Anjay Singh, Vinay Kumar and Ramashish Singh. Petitioner has no criminal antecedent. He is in judicial custody since 26.09.2023. Charge-sheet has already been submitted in this case. Similarly situated co-accused, namely, Tapeshwar Yadav @ Tapeshwar Jado has already been granted bail by a co-ordinate Bench of this Court, vide order dated 18.01.2024 passed in Cr. Misc. No. 1219 of 2024 and co-accused, namely, Vinay Kumar has been granted bail by this Court, vide order dated 22.01.2024 passed in Cr. Misc. No. 86263 of 2023.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged 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 concerned Court where the case is pending in connection with Khudwan P.S. Case No. 77 of 2023.

(Sunil Dutta Mishra, J) rakhi/- U T