Manager Bin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35459 of 2020 Arising Out of PS. Case No.-24 Year-2020 Thana- SIDHWALIYA District- Gopalganj ====================================================== MANAGER BIN son of Late Jatan Bin Resident of Village- Rampur, P.S. Sidhwaliya, District- Gopalganj ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Ranjan, Adv.
For the Opposite Party/s :
Mr. Ramchandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-01-2021 Heard Mr. Rajesh Ranjan, learned counsel for the petitioner and Mr. Ramchandra Singh, Additional Public Prosecutor for the State.
2. Petitioner seeks regular bail in connection with Sidhwaliya PS Case No. 24/2020 registered for the offence punishable under Sections 302/34 of the IPC.
3. The allegation, as per First Information Report, is that petitioner and other co-accused persons assaulted the husband of the informant by means of Lathi, Danda due to which, her husband died.
4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and the deceased happens to be son of the petitioner and allegation, against the petitioner and other accused persons who are brothers and sisters-in-law of the deceased, that they have
Patna High Court CR. MISC. No.35459 of 2020(2) dt.05-01-2021 2/3 assaulted the deceased by means of Lathi etc. Learned counsel for the petitioner further submits that the allegation against the petitioner is general and omnibus in nature and petitioner is in custody since 24.02.2020. Learned counsel next submits that charge-sheet has already been submitted in this case and there is no apprehension that the petitioner will abscond or tamper with the evidence if he is released on bail.
5. Having regard to the submissions made by the parties and taking into consideration the material on record and nature of allegation and the fact that petitioner is in custody since 24.02.2020 and the charge-sheet has already been submitted in this case, I am inclined to grant regular bail to the petitioner subject to the conditions that the petitioner will be well represented on each and every date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.
6. Accordingly, let the petitioner, MANAGER BIN 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 Ms. Shobhana Tripathi, learned Judicial Magistrate 1st Class, Gopalganj/the court concerned, in connection with Sidhwaliya PS Case No. 24/2020.
Patna High Court CR. MISC. No.35459 of 2020(2) dt.05-01-2021 3/3
7. Needless to say that at the time of furnishing bail bonds all the parties shall follow the guidelines of social distancing.
(Anil Kumar Sinha, J) perwez U T