Manoranjan Kumar @ Sipahi Jee @ Manoranjan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21741 of 2020 Arising Out of PS. Case No.-433 Year-2019 Thana- HARNAUT District- Nalanda ====================================================== Manoranjan Kumar @ Sipahi Jee @ Manoranjan Kumar Singh, aged about 54 years, male, Son of Late Shiv Kumar Singh, Resident of Village - Sevdah, P.S.- harnaut (Kalyan Bigha O.P.), Distt.- Nalanda, Presently resident at New Mubarakpur, P.S.- Danapur, Distt.- Patna - 801503 (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Onkar Nath, Adv.

For the Opposite Party/s :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-07-2020 Heard Mr. Onkar Nath, learned counsel for the petitioner and Mr. Ram Sevak Choudhary, learned APP for the State.

The petitioner seeks bail in connection with Harnaut (Kalyan Bigha) P.S. Case No. 433 of 2019, dated 21.10.2019, which was initially instituted for the offences under Sections 341, 325 and 307/34 of the Indian Penal

Patna High Court CR. MISC. No.21741 of 2020(2) dt.08-07-2020 2/3 Code but later, with the death of the deceased, Section 302 of the Indian Penal Code was also added.

The petitioner is stated to be a retired Army personnel.

The informant has alleged that he was informed by his brother on telephone that his father has been attacked and injured in the night of 18th of October, 2019. On such information on telephone, the informant claims to have come back to his village home, only to find his father seriously injured and hospitalized in the I.C.U. On enquiry from his brother about the cause of the occurrence, the informant was told that in the night of the occurrence, the petitioner had called his father a number of times. Later, the father of the informant died in the hospital because of the injuries suffered by him.

It has been submitted on behalf of the petitioners that the accusation against him is only based on suspicion. The deceased is the maternal uncle of the wife of the petitioner. It has further been submitted that the other material against the petitioner is the confession of one

Patna High Court CR. MISC. No.21741 of 2020(2) dt.08-07-2020 3/3 Sanjeet Ram, a non-F.I.R. accused, who was arrested on suspicion. There is enmity of the petitioner with the aforesaid Sanjeet Ram, who has falsely implicated the petitioner.

Apart from the afore-stated materials, it has been argued, there is no other cogent evidence to connect the petitioner with the crime/offence.

The petitioner is stated to be in custody since 19.11.2019 and claims to be a person of clean antecedent. Considering the facts afore-stated, the petitioner above-named, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Harnaut (Kalyan Bigha) P.S. Case No. 439 of 2019 (G.R. No. 5845 of 2019). The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T