Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15241 of 2022 Arising Out of PS. Case No.-736 Year-2020 Thana- KHAGARIA District- Khagaria ====================================================== MANOJ KUMAR Son of Ram Bilas Yadav Resident of Village - Sadanandpur, Kathatara, P.S.- Khagaria (Gangaur), District - Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abdul Mannan Khan, Adv.

Md. Najmul Hodda, Adv.

For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 30-03-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 302 and other sections of the Indian Penal Code.

It is submitted by learned counsel for the petitioner that the earlier application for bail of the petitioner was rejected vide order dated 18.2.2022 passed in Cr. Misc. no.40279 of 2021 giving liberty to the petitioner to renew his prayer for bail after framing of charge. Referring to the order brought on record as Annexure-4 to the petition, it is submitted that charges have been framed against the petitioner in Sessions Trial no.227 of 2021 by the learned trial court. The petitioner is in custody since 9.3.2021 and has no criminal antecedent. He undertakes to

Patna High Court CR. MISC. No.15241 of 2022(2) dt.30-03-2022 2/2 cooperate in the trial.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the liberty granted to the petitioner vide earlier order of rejection dated 18.2.2022, charges having been framed in the case and the petitioner having remained in custody for more than 1 year, the Court directs the petitioner to be enlarged on bail in connection with Khagaria (Gangaur) P.S. Case no.736 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Khagaria.

It is directed that the petitioner shall cooperate in the trial and shall remain properly represented on each date of the trial.

In case the learned trial court is of the opinion that the trial is being delayed due to non-cooperation on part of the petitioner, the learned trial court may cancel the bail bond of the petitioner and take him into custody till conclusion of the trial. (Partha Sarthy, J) Saurabh/- U T