Manish Kumar Singh @ Lallu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26019 of 2025 Arising Out of PS. Case No.-399 Year-2024 Thana- GAURICHAK District- Patna ====================================================== Manish Kumar Singh @ Lallu son of Vinod Singh @ Vinod Kumar Singh village- Kandap, Ps- Gaurichak, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ritwik Thakur, Advocate Mrs. Vaishnavi Singh, Advocate Mr. Purushottam Kumar, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 20-05-2025 Heard Mr. Ritwik Thakur, learned counsel for the petitioner and Mr. Uma Shankar Prasad Singh, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Gaurichak P.S. Case No. 399 of 2024, F.I.R. dated 08.08.2024 for the offences punishable under Sections 126(2), 115(2), 118(1), 17(2), 74, 303(2), 352, 351(2), 109 and 3(5) of the Bhartiya Nyaya Sanhita, 2023.

3. According to prosecution case, co-accused Vinod Singh has taken loan from the informant's uncle and promised to repay the same after three months but when his uncle demanded his money back from him then all the accused persons including this petitioner abused and assaulted to the

2/4 informant and his family members. It is further alleged that they have also fired upon his uncle and also took away the ornaments of his mother.

4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. The present case is the counter blast of Gaurichak P.S. Case No. 354 of 2024 filed by the petitioner against the informant and his family members on 21.07.2024. He further submits that the informant only to save his skin from the aforesaid case has filed the present false case against the petitioner and other accused persons. He further submits that although there is specific allegation against the petitioner that he has assaulted with the revolver butt on the brother of the informant but it has come in the impugned order itself that according to paragraph no. 104 of the case diary the medical report has not been prepared by the doctor of all the victims of this case.

5. Learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that there is specific allegation that the petitioner has assaulted to the brother of the informant by means of revolver butt and apart from that the petitioner carries one criminal

3/4 antecedent other than the present one but fairly submits on the basis of paragraph 3 of the bail petition that the petitioner is on bail in the pending matter.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 the learned Additional Chief Judicial Magistrate VI, Patna in connection with Gaurichak P.S. Case No. 399 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- i.

Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. 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.

4/4 iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Vanisha/- U T