Manoj Kumar @ Mantu Verma @ Manoj Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41565 of 2021 Arising Out of PS. Case No.-430 Year-2020 Thana- NAUBATPUR District- Patna ====================================================== Manoj Kumar @ Mantu Verma @ Manoj Verma Son of Ajay Kumar Bhagwat @ Ajay Kumar Verma Resident of Village - Sahar Rampur, P.S.- Naubatpur, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shaishav Kumar For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-01-2022 Heard learned counsel for the parties.

The petitioner seeks bail in Naubatpur P.S. Case No. 430 of 2020, registered for the offence under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act. As per the F.I.R., this petitioner alongwith other F.I.R. named accused persons came to the house of informant and assaulted son of the informant by fists and slaps and thereafter, co-accused Sujeet Kumar fired from his country-made pistol, which hit son of the informant, on account of which, he fell down and during treatment, died.

It is submitted on behalf of petitioner that as per F.I.R. itself, specific allegation of causing fire-arm injury is against coaccused Sujeet Kumar. So far as this petitioner is concerned, there is general and omnibus allegation of commission of

Patna High Court CR. MISC. No.41565 of 2021(2) dt.03-01-2022 2/2 assault. Similarly situated co-accused Rahul Kumar @ Lallu has already been granted bail by this Court, vide order dated 15.06.2021 passed in Cr.Misc. No. 12901 of 2021. Petitioner claims clean antecedent and he is in custody since 31.12.2020. Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances as well as period of custody, the bail petition 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 A.C.J.M.-III, Danapur (Patna) in connection with Naubatpur P.S. Case No. 430 of 2020.

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