Manoj Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.21509 of 2016 (4) dt.03-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21509 of 2016 Arising Out of PS.Case No. -597 Year- 2015 Thana -NAUBATPUR District- PATNA ====================================================== Manoj Singh son of Late Sukhdeo Singh resident of Village- Heman Chak, Police Station- Naubatpur, District- Patna.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Sachida Nand Rai, Advocate For the Opposite Party : Mr. A.Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody in connection with Naubatpur P.S.Case No.597 of 2015 registered for an offence under Sections 302/34 of the IPC and Section 27 of the Arms Act. As per the prosecution case, it is a case of murder of informant's brother, namely, Mithilesh Saw by the accused persons.

Learned counsel for the petitioner submits that the petitioner is in custody since 20.11.2015. Petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses against the petitioner. Petitioner has falsely been implicated in the present case. From perusal of the postmortem

Patna High Court Cr.Misc. No.21509 of 2016 (4) dt.03-08-2016 report, it is evident that there is only one fire shot injury resulting into wound of entry and exit. As to when as per FIR, two persons are alleged to have fired upon the deceased. The other co-accused has been granted bail by this Court vide Cr.Misc.No.7184 of 2016 On behalf of the State, it is submitted that the petitioner is named in the FIR.

Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Shri Kumar Madhvendra, Judicial Magistrate, Ist Class, Danapur, District-Patna in connection with Naubatpur P.S.Case No.597 of 2015. (Sudhir Singh, J) B.Kr./- U T