Manoj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33812 of 2021 Arising Out of PS. Case No.-242 Year-2020 Thana- ATHMALGOLA District- Patna ====================================================== MANOJ KUMAR SINGH SON OF LATE SHISHIR SINGH RESIDENT OF VILLAGE- TOLE BABU MITA SINGH, P.O.- ATHMALGOLA, P.S. ATHMALGOLA, DISTRICT- PATNA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

Mr. Khursid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-12-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Athmalgola Police Station Case No. 242 of 2020, registered for the offences punishable under Sections 341/323/447/307/504/ 506/34 of the Indian Penal Code.

The prosecution case, as per the First Information Report, is that the petitioner, along with other co-accused persons, assaulted the informant and his brothers. The petitioner is alleged to have assaulted the informant by means of khanti on his head.

Learned Counsel for the petitioner, referring to the supplementary affidavit, submits that from perusal of the injury

Patna High Court CR. MISC. No.33812 of 2021(2) dt.22-12-2021 2/3 report of the informant, it would be evident that he has sustained no injury on his head; rather there is hairline fracture of maxilla bone. He further submits that both the parties are neighbours and scuffle between them had taken place for fixing of pillar. He further submits that the petitioner is a Government employee, working in the Indian Railways. He further submits that the petitioner is in custody since 03.03.2021 and charge sheet has been submitted against the petitioner and as such, there is no likelihood that the petitioner will abscond and/or tamper with the evidence.

Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that both the parties are neighbours, the petitioner is a Government employee working in the Indian Railways, no injury has been found on the head of the informant, charge sheet has already been submitted, and the petitioner is in custody since 03.03.2021, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, Manoj Kumar Singh, be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.33812 of 2021(2) dt.22-12-2021 3/3 learned Sub Divisional Judicial Magistrate, Barh, Patna, in connection with Athmalgola Police Station Case No. 242 of 2020.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √