Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26302 of 2021 Arising Out of PS. Case No.-75 Year-2020 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== MANISH KUMAR Son of Sri Anandi Singh Resident of Village- Pahsara West, P.S.- Nawkothi, District- Begusarai.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhola Kumar For the Opposite Party/s :
Mr.Nawal Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-07-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.
Heard both parties.
The petitioner seeks bail in Nawkothi P.S. Case No. 75 of 2020, registered for the offence punishable under Sections 307, 323, 354(B) and allied sections of the Indian Penal Code and section 27 of the Arms Act.
As per the prosecution case, petitioner along with three others named in the FIR having variously armed came at the house of informant and co-accused Anandi Singh demanded Rs. 5,00,000/- as Rangdari and assaulted the wife of informant with butt of pistol. Co-accused Ravish Kumar fired upon informant which hit his head causing head injury. Petitioner is
Patna High Court CR. MISC. No.26302 of 2021(2) dt.29-07-2021 2/3 also alleged to have fired upon the informant causing injury on his left hand. Due to fear, informant's wife gave Rs. 1,00,000/- to the accused persons thereafter, all the accused persons fled away.
It is submitted on behalf of the petitioner that both parties are Gotiya and there is land dispute between the parties. Informant is cousin of the petitioner. It is further submitted that though there is allegation of firing against three accused persons, but only two fire arm injuries has been found on the person of informant. Injuries have been found to be simple in nature. Co-accused Anandi Singh has alrady been granted bail by this Court vide order dated 23.11.2020 passed in Cr. Misc. No. 25695 of 2020. Petitioner is in custody since 12.01.2021. Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged 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 Judicial Magistrate Ist Class, Begusarai in connection with Nawkothi P.S. Case No. 75 of 2020, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the
Patna High Court CR. MISC. No.26302 of 2021(2) dt.29-07-2021 3/3 court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
(ii) 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. (Prabhat Kumar Singh, J) vinita/- U T