Manoj Sahani @ Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30407 of 2021 Arising Out of PS. Case No.-520 Year-2020 Thana- MAJHAULIA District- West Champaran ====================================================== Manoj Sahani @ Manoj Kumar S/O Vikrama Sahani R/O Village-Majhariya, Sekh, P.S.-Majhaulia, District-West Champaran, Bettiah. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr.Ajay Kumar No.2 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

21-08-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Majhaulia P.S. Case No. 520 of 2020, registered for the offence under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act. As per the prosecution case, the FIR named accused persons alongwith 4-5 unknown persons variously armed with fire-arms came at the house of informant and shot dead brother of the informant.

Petitioner is not named in the FIR. Name of the petitioner has transpired during course of investigation only on the basis of suspicion. None of the witness has alleged that petitioner has committed the occurrence. Petitioner is in custody since 30.10.2020. Chargesheet has already been submitted.

Patna High Court CR. MISC. No.30407 of 2021(2) dt.21-08-2021 2/2 Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. 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 learned C.J.M., West Champaran at Bettiah in connection with Majhaulia P.S. Case No. 520 of 2020, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, 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."

(Prabhat Kumar Singh, J.) anay U T