Manoj Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25191 of 2021 Arising Out of PS. Case No.-332 Year-2020 Thana- DUMRA District- Sitamarhi ====================================================== MANOJ DAS SON OF LATE RAMASHRAY DAS RESIDENT OF VILLAGE MATHAURA, P.S.- DUMRA, DISTRICT-SITAMARHI ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-11-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail in connection with Dumra P.S. Case No. 332 of 2020 registered for the offences punishable under Sections 341, 323, 324, 307, 506/34 of the Indian Penal Code.

The prosecution case in short is that due to protest made by the informant's father prohibiting sale of liquor by the accused persons, petitioner along with other co-accused persons on the same night, gave knife blow to him causing injury and on alarm, they fled away.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence and he has falsely been implicated in the present case. Learned counsel

Patna High Court CR. MISC. No.25191 of 2021(3) dt.17-11-2021 2/3 further submits that neither the petitioner was apprehended on the spot nor his belongings was recovered from the place of occurrence. Learned counsel further submits that statement of injured Suraj Ray has been recorded under Section 161 Cr.P.C. on 25.10.2020 i.e. after about 17 days from the alleged date of occurrence. Petitioner has clean antecedent and is in custody since 07.01.2021. It is further submitted that co-accused, namely, Ram Balak Sahni has been granted bail by a co-ordinate Bench of this Court vide order dated 20.07.2021 passed in Cr. Misc. No. 21378 of 2021.

The learned Additional Public Prosecutor opposed the prayer of bail.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in connection with Dumra P.S. Case No. 332 of 2020, subject to the following conditions:-

1. 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

Patna High Court CR. MISC. No.25191 of 2021(3) dt.17-11-2021 3/3 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.

2. 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.

(Rajesh Kumar Verma, J) shahzad/- U T