Manish Kumar @ Manish Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32601 of 2020 Arising Out of PS. Case No.-733 Year-2019 Thana- DEHRI TOWN District- Rohtas ====================================================== MANISH KUMAR @ MANISH KUMAR SINGH Son of Sri Hira Singh Resident of Village - Katar, P.S.- Indrapuri, District - Rohtas (Bihar) ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Sandeep Kumar, Adv.

Mr.Saket Tiwary,Advocate For the Opposite Party/s :

Mr.Shailendra Kumar Singh,APP For the Informant :

Mr.Ravi Shankar Sahay, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 25-01-2021 Heard learned counsel for the petitioner, learned counsel for the informant and Mr. Shailendra Kumar Singh, learned APP for the State.

The petitioner in the present case is seeking regular bail in connection with Dehri Town (Indrapuri) P.S. Case No. 733 of 2019 registered for the offences punishable under Sections 147, 148, 149, 302, 307, 504 of the Indian Penal Code.

Learned counsel for the petitioner submits that the informant in his fardbeyan alleged that when he forbade Hira Singh for using his land as way for passing the popalen vehicle for carrying sand, he along with others attacked on the informant and his colleagues and in that course petitioner fired shot from his rifle causing death to Dhananjay Yadav and allegation of firing has been leveled against others also.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.32601 of 2020(3) dt.25-01-2021 2/2 petitioner is innocent and has falsely been implicated in the present case. Learned counsel submits that there is case and counter case between the parties. The counter case has been lodged by the father of the petitioner who has received injury from the attack made by the informant and his supporters. The petitioner is in custody since 13.12.2019.

Learned APP for the State and learned counsel for the informant have opposed the prayer for regular bail of the petitioner. Having regard to the facts and circumstances of the case, wherein this petitioner is the sole assailant of the deceased, this Court is not inclined to grant privilege of regular bail to the petitioner. The prayer for regular bail of the petitioner is, thus, refused. Let the trial be expedited and in case the charge has not been framed as yet, steps shall be taken towards framing of charge and then the trial court shall proceed with the trial without granting long adjournments in the matter.

The application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) SUSHMA2/- 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'.