Manoj Kumar @ Manti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.29175 of 2020 Arising Out of PS. Case No.-124 Year-2019 Thana- PHULWARIA District- Begusarai ====================================================== MANOJ KUMAR @ MANTI Son of Rajendra Singh Resident of VillageFulwariya-03, P.S.- Fulwariya, District- Begusarai. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Krishna Pd. Singh, Sr. Advocate Mr. Shashi Dhar Jha,Advocate For the Opposite Party/s :

Mr.Anand Mohan Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 10-11-2020 Learned counsel for the petitioner undertakes to remove all the defects pointed out by the Stamp Reporter within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr. Anand Mohan Mehta, learned APP for the State.

The petitioner in the present is seeking regular bail in connection with Fulwaria P.S. Case No. 124 of 2019 registered for the offences punishable under Sections 341, 307, 302, 504/34 of the Indian Penal Code and Section 27 of the Arms Act. Learned Senior counsel for the petitioner has submitted that though in the First Information Report, this petitioner is said to be the main assailant who had taken out his pistol and shot at the deceased which resulted in the death of the victim but it is his submission that the narration of the whole occurrence as stated in the FIR seems to be highly doubtful.

Patna High Court CR. MISC. No.29175 of 2020(2) dt.10-11-2020 2/2 On the other hand, learned APP for the State submits that in the FIR there is specific and pointed allegation against this petitioner. It is the petitioner who had shot dead the brother of the informant and in course of investigation all the witnesses have supported the prosecution case. In this connection the materials pointed out by the learned Additional and Sessions Judge VI, Begusarai in the impugned order have also been shown to this Court. Having regard to the facts and circumstances of the case, wherein as per the prosecution this petitioner is the main assailant, it is he who had shot dead the brother of the informant and the prosecution is supported by the witnesses and the post mortem report, this Court is not inclined to grant regular bail to the petitioner. The prayer for regular bail of the petitioner is, thus, refused. Let the trial be expedited.

The application stands disposed of.

(Rajeev Ranjan Prasad, J) SUSHMA2/avin U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.