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Patna High CourtCR. MISC./43177/2021bail granted

Manoj Kahar v. The State Of Bihar

2022-01-18Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43177 of 2021 Arising Out of PS. Case No.-77 Year-2020 Thana- JAKKANPUR District- Patna ====================================================== MANOJ KAHAR S/O MAHAVIR RAM R/O VILLAGE-CHANDPUR BELA CHAMAR TOLI, P.S-JAKKANPUR, DISTRICT-PATNA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Rina Sinha For the Opposite Party/s :

Mr. Dr.Mrityunjaya Kr.Gautam Mr.Yogendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-01-2022 Heard learned counsel for the petitioner, the State and the informant.

Petitioner seeks regular bail in a case registered for the offence punishable under Section 307/34 of the Indian Penal Code and u/s 27 of Arms Act.

As per the prosecution case, on 28.01.2020, in the evening, husband of informant had gone to purchase some household goods. Later on, the informant got information that her husband is lying in the pool of blood with gun shot injuries. Learned counsel appearing for the petitioner submits that petitioner is not named in the FIR. The name of petitioner has come in this case during the course of investigation in the confessional statement of co-accused, Tuntun Sao, who stated

Patna High Court CR. MISC. No.43177 of 2021(2) dt.18-01-2022 2/2 before the police about illicit relation of his wife with informant's husband, therefore, he along with petitioner and others tried to kill the husband of informant. Similarly situated accused, Ajay Kumar @ Punit, has already been granted bail by a co-ordinate Bench of this court vide order dated 09.08.2021 passed in Cr. Misc. No. 11128/2021. Petitioner is in custody since 12.05.2020 and investigation in this case is complete. Learned counsel appearing for the State and the informant opposed the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, 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 Additional Chief Judicial Magistrate-I, Patna in connection with Jakkanpur PS case No.77/2020. (Prabhat Kumar Singh, J) BKS/- U T