Manoj Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33620 of 2022 Arising Out of PS. Case No.-57 Year-2022 Thana- SHAHKUND District- Bhagalpur ====================================================== MANOJ DAS S/o Late Dukha Das Resident of Village- Purani Kherhi, P.S.- Shahkund, District- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-08-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State through virtual Court proceedings.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Shahkund P.S. Case No. 57 of 2022 registered for the offence under Sections 341 and 307 of the Indian Penal Code and Section 37(c) of the Bihar Prohibition and Excise Act, 2018. The accused/petitioner is named in the F.I.R. and is in custody since 06.03.2022.

The allegation against the petitioner is to assault upon

Patna High Court CR. MISC. No.33620 of 2022(2) dt.12-08-2022 2/3 three persons in drunken condition, with intention to cause death.

Learned counsel appearing on behalf of the petitioner submitted that cause of occurrence is immediate provocation/teasing on part of injured persons, where nothing surfaced during course of investigation that petitioner was under intention to cause their death. It is submitted that nature of injuries of all three injured persons, are simple in nature which is sufficient to deny the intention of petitioner to cause death. It is also submitted that petitioner is a man of clean antecedent. It has been submitted that investigation is complete, where chargesheet has been submitted and as such there is no chance of tempering with the evidence.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as nature of injuries are simple coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Shahkund P.S. Case No. 57 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Exclusive Excise Court No.2, Bhagalpur/concerned court,

Patna High Court CR. MISC. No.33620 of 2022(2) dt.12-08-2022 3/3 subject to the conditions as mentioned under Section 437(3) of Cr.P.C.

(Chandra Shekhar Jha, J) R.S.Sen/- U T