Manoj Ray @ Anuj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31269 of 2023 Arising Out of PS. Case No.-384 Year-2022 Thana- PUNAURA District- Sitamarhi ====================================================== Manoj Ray @ Anuj Kumar Son of Bal Kishore Ray Village- Khairwa ward no-3, Ps- Punaura Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pushpendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 27-06-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Punaura P.S. Case No. 384 of 2022 registered for the offence under Sections 302/34 of the Indian Penal Code and 27 of Arms Act. The accused/petitioner is named in the F.I.R. and is in custody since 02.03.2023.

The allegation against this petitioner is to commit the murder of the son of informant alongwith other co-accused persons by causing firearm injuries, where occurrence arises out of previous enmities.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.31269 of 2023(2) dt.27-06-2023 2/3 submitted that the petitioner falsely implicated in present case out of previous enmities. It is submitted that specific allegation as to cause fatal firearm injury is available against co-accused, namely Raja Kumar. It is submitted that the allegation against petitioner is limited as only to hold deceased. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has already submitted, as such, there is no chance of tampering with the evidence. Learned APP, duly assisted by learned counsel Mr. Pushpendra Kumar Singh appearing on behalf of informant, while opposing the prayer of bail submitted that petitioner actively participated during the course of occurrence by holding deceased.

Considering the facts and circumstances as mentioned above, as specific allegation to cause fatal firearms injuries is available against co-accused Raja Kumar, where allegation against petitioner is limited as only to hold the deceased, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 02.03.2023, accordingly the petitioner, above named, is directed to be released on bail in connection with Punaura P.S. Case No. 384 of 2022 on

Patna High Court CR. MISC. No.31269 of 2023(2) dt.27-06-2023 3/3 furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate Sitamarhi/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) Archana/- U T