Manoranjan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28910 of 2023 Arising Out of PS. Case No.-159 Year-2022 Thana- DAUDPUR District- Saran ====================================================== MANORANJAN SINGH SON OF RAMA SHANKAR SINGH RESIDENT OF VILLAGE- PILUAE, PS- DAUDPUR, DISTT- SARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok,Advocate For the Opposite Party/s :

Mr.Satyendra Prasad, APP For the Informant : Mr. Narendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-05-2023 Heard learned counsel for the petitioner, learned counsel for the informant and the learned A.P.P. for the State. The petitioner seeks bail, who is in custody since 07.02.2023 in connection with Daudpur P.S. Case No. 159 of 2022, F.I.R. dated 02.06.2022 registered for the offence punishable under Sections 302/34 of IPC and Section 27 of Arms Act.

According to prosecution case, based on a written report alleging therein that on 01.06.2022, while the informant son was sleeping after taking dinner, in the meantime, one person called on the mobile of the informant and asked for his son, thereupon, the informant went to see his son and found that he was not present on his cot. In the next morning, at about

2/4 05:00 AM, she learned that her son was shot dead and the dead body is lying at Pilue, Pokhara. It is asserted by the informant that some unknown persons out of enmity killed her son. Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case. Petitioner is not named in the FIR and the name of the petitioner has been transpired during investigation on the basis of the confessional statement of the co-accused person, namely, Pawan Kumar Singh.

Further submits that except the confessional statement of the co-accused person, namely, Pawan Kumar Singh, no other cogent material has come during investigation against the petitioner to suggest the involvement of the petitioner in the present occurrence and the co-accused person, namely, Abhishek Mishra has been granted bail by a Coordinate Bench of this Hon'ble Court vide order dated 15.02.2023 passed in Cr. Misc. No.52417 of 2022 and another co-accused, namely, Pawan Kumar Singh has also been granted bail by this Court vide order dated 11.04.2023 passed in Cr. Misc. No.64023 of 2022 and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 07.02.2023.

Learned APP for the State has opposed the prayer for

3/4 bail of the petitioner and submits that the petitioner carries two more cases other than the present one.

Considering the aforesaid fact, let the petitioner, above named, 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 A.D.J.-IX, Saran at Chapra in connection with Daudpur P.S. Case No. 159 of 2022,with the following conditions:-

(1) 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/her absence on two consecutive dates without sufficient reason, his/her 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.

(3) 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

4/4 shall not be delayed for purpose of or in the name of verification.

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