Manish Kumar Singh @ Bhurkul Singh @ Bharkul v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26668 of 2024 Arising Out of PS. Case No.-304 Year-2022 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Manish Kumar Singh @ Bhurkul Singh @ Bharkul S/O Satendra Singh R/O Village- Fakauli, P.S- Chapra, Mufassil, Distt.- Saran, Chapra. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dewesh Kumar Pandey, Advocate For the Opposite Party/s :
Ms.Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Chapra Muffasil P.S. case No. 304 of 2022 instituted for the offences under Sections 341, 323, 324, 307, 379, 427, 504/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. Prosecution case, in short, is that four accused persons including this petitioner assaulted the informant using knife due to which he sustained injuries. It is also alleged that this petitioner and one Priyanshu Singh open fired in air and looted a bag containing one and a half lakhs of rupees.
4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.26668 of 2024(2) dt.09-04-2024 2/3 present case due to previous enmity. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. He further submitted that doctor has reported that except injury no.3, rest injuries are simple in nature. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 05.08.2023 and has three criminal antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Chapra Muffasil P.S. case No. 304 of 2022, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two
Patna High Court CR. MISC. No.26668 of 2024(2) dt.09-04-2024 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(III) 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.
(Rudra Prakash Mishra, J) Alok Verma/- U T