Manjeet Kumar @ Manjeet Kumar Singh @ Manjeet Kumar Prince v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35504 of 2023 Arising Out of PS. Case No.-241 Year-2022 Thana- BACHHWARA District- Begusarai ====================================================== Manjeet Kumar @ Manjeet Kumar Singh @ Manjeet Kumar Prince, Son of Late Mahakant Ishwar, Resident of Village-Bharaul, P.S.- Bachhwara, DisttBegusarai ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Ajay Kumar, Advocate For the State :
Mr. Raj Ballabh Singh, APP For the Informant :
Mr. Bipin Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 11-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The accused/petitioner seeks bail in connection with Bachhwara P.S. Case No.241 of 2022 registered for the offences punishable under Sections 307, 506 read with 34 of the Indian Penal Code and Section 27 of the Arms Act. The accused/petitioner is named in the FIR and is in custody since 14.03.2023.
Allegation against the petitioner is to open fire upon informant/injured along with other co-accused persons causing firearm injuries having intention to cause his death, where occurrence is arises out of previous enmity, as informant refused to enter into compromise in pending criminal case arises out of Bachhwara P.S. Case No.208 of 2022.
Patna High Court CR. MISC. No.35504 of 2023(2) dt.11-07-2023 2/3 It is submitted by learned counsel that the informant/injured though alleged indiscriminate firing but, failed to attribute any specific overt act against this petitioner. It is submitted that previous enmity between the parties are admitted through FIR itself. While concluding argument, it is submitted that the petitioner found involved in four more criminal cases, where he is on bail in two cases and moreover investigation of this case has been completed for which, chargesheet has been submitted and, as such, there is no chance of tampering with the evidence.
Learned APP duly assisted by learned counsel for informant, Mr. Bipin Kumar, while opposing the prayer for grant of bail submitted that petitioner actively involved in present occurrence and he is a man of criminal antecedents. In view of above-mentioned facts and circumstances and by taking note of nature of allegation, where no specific act attributed to this petitioner as to cause firearm injury, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 14.03.2023, accordingly, the petitioner, above-named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.35504 of 2023(2) dt.11-07-2023 3/3 satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Bachhwara P.S. Case No.241 of 2022, subject to the conditions as laid down under Section 437(3) of the CrPC and with further conditions:- (i) That petitioner shall not involve in any nature of criminal case till the conclusion of trial, failing which the State shall be at liberty to move before the Trial Court itself regarding cancellation of bail bond of the petitioner.
(ii) That petitioner shall co-operate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court only on medical ground of the petitioner duly supported by the documents.
(iii) That one of the bailors shall be deponent of the present bail petition.
(Chandra Shekhar Jha, J.) Sanjeet/- U T