Chandar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27635 of 2020 Arising Out of PS. Case No.-521 Year-2019 Thana- GAYA MUFASIL District- Gaya ====================================================== Chandar Manjhi Son of Jawahar Manjhi Resident of Village- Gandhar, P.S.- Mufassil, Distt- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prithivi Raj Singh For the Opposite Party/s :

Mr.Pramod Kumar Pandey,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

20-10-2020 Heard learned counsel for the petitioner as well as learned A.P.P. for the State through video conferencing. The petitioner seeks bail in Mufassil P.S. Case No. 521 of 2019, registered for the offence under Sections 307, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act. As per F.I.R., the allegation against the petitioner is that he fired upon the son of informant namely Kaju Kumar Pandey, which hit on his leg.

It is submitted on behalf of petitioner that F.I.R. has been lodged after a delay of three days without any sufficient explanation. In fact, the victim Kaju Kumar Pandey, who was driving his motorcycle very fast, which was objected by this petitioner, as a result of which, this false case has been lodged. In this case, chargesheet has already been submitted. It is further submitted that the injury of the victim is said to be simple in

Patna High Court CR. MISC. No.27635 of 2020(2) dt.20-10-2020 2/2 nature. It is stated in paragraph - 3 of the petition that petitioner has no criminal antecedent and he is in custody since 02-01-2020.

Considering the aforesaid facts and circumstances, the bail application of petitioner is allowed. Let the above-named petitioner 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 learned Chief Judicial Magistrate, Gaya in connection with Mufassil P.S. Case No. 521 of 2019 on the following conditions:

"(1) Petitioner shall cooperate 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.

(2) 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.".

(Prabhat Kumar Singh, J.) anay/- U T