Manoj Kumar @ Manoj Mahto @ Amarjeet Kumar @ Amarjeet Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23554 of 2020 Arising Out of PS. Case No.-23 Year-2019 Thana- BIBHUTIPUR District- Samastipur ====================================================== MANOJ KUMAR @ MANOJ MAHTO @ AMARJEET KUMAR @ AMARJEET MAHTO S/o Ramanand Mahto Resident of Village-Basauna, Police Station-Bibhutipur, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Singh For the Opposite Party/s :

Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 17-09-2020 As of now, the Courts have not resumed normal physical hearing. The matter has been listed today for consideration through Video Conferencing.

Learned counsel are appearing and making submissions from their residence. The Court master and Secretary are also part of this virtual Court proceedings with the aid of audio visual technology.

Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honor his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon.

Patna High Court CR. MISC. No.23554 of 2020(2) dt.17-09-2020 2/2 The petitioner seeks bail in Bibhutipur P.S. Case no. 23 of 2019 instituted for the offence under Section(s) 302,120B of the Indian Penal Code.

The prosecution case is that four unknown persons have come by four wheeler and opened fire upon the informant's father causing his death.

It is submitted by the petitioner's counsel that the FIR was lodged against unknown persons. The petitioner's name has surfaced in the re-statement of the informant. He submits that there is pre- existing land dispute between the parties. He is in custody since 10.12.2019.

Learned APP submits that informant was an eye witness. He was sleeping in the cattle shop with his father. As per assertion made in paragraph-3 one case of similar nature is pending against the petitioner, in which case, he is on bail. There is allegation of firing at cattle shed. Considering the rival submissions, this Court is not allowed the petitioner's prayer for bail.

Prayer is rejected.

(Madhuresh Prasad, J) shyambihari/- U T