Manoj Rai @ Manoj Kumar v. The State Of B Ihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36124 of 2019 Arising Out of PS. Case No.-82 Year-2019 Thana- SAHPUR District- Patna ====================================================== MANOJ RAI @ MANOJ KUMAR, Son of Ram Janam Singh Yadav, Resident of Village - Harpura, P.S.- Dulhin Bazar, Distt - Patna, at present residing at Mohalla- Rajeev Nagar, Road No.- 24, P.S.- Rajeev Nagar, Distt - Patna.
... ... Petitioner/s
Versus
THE STATE OF B IHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nagendra Kumar For the Opposite Party/s :
Mr. Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 23-07-2019 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in Special Case No.2596 of 2019 arising out of Sahpur P.S. Case No.82 of 2019 instituted for the offence under Section(s) 307 and other allied sections of Indian Penal Code and under Sections 25(1-b)a, 26, 27 and 35 of the Arms Act and Section 37 (c) of the Bihar Prohibition and Excise Act.
Counsel for the petitioner submits that petitioner has been implicated in this case on account of land dispute. It is alleged in the written report that on the date of occurrence 20-25 persons armed with weapon came on the land, which was being harvested by the informant along with his cousin Chandeshwar Kumar. It is alleged that this petitioner made firing from pistol asking them to fled away, otherwise,
Patna High Court CR. MISC. No.36124 of 2019(3) dt.23-07-2019 2/2 they would be killed. It is further alleged that country made pistol and cartridges were recovered from possession of the petitioner.
Counsel for the petitioner submits that from production cum seizure list it will appear that aforesaid arm was produced by the informant himself. There is no signature of the petitioner on the seizure list.
Counsel for the petitioner further submits that coaccused, Manoj Kumar Ram, has already been granted regular bail by co-ordinate Bench of this Court by order dated 28.05.2019 passed in Cr. Misc. No.34327 of 2019. In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. 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 the Special Judge, Excise, Patna, in connection with Special Case No.2596 of 2019 arising out of Sahpur P.S. Case No.82 of 2019, subject to the condition that both the bailors shall be close relative of the petitioner. (Sanjay Priya, J) J. Alam/- U T