Manjay Kumar @ Mananjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37864 of 2020 Arising Out of PS. Case No.-83 Year-2020 Thana- NAVINAGAR District- Aurangabad ====================================================== Manjay Kumar @ Mananjay Kumar, Son of Late Ambika Singh, Resident of Village- Simari Jaitia, P.S.- Nabinagar, District- Aurangabad (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar Singh, Advocate For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 05-02-2021 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Nabinagar P.S. Case No.83 of 2020 for the offence punishable under Sections 302, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.

Eight F.I.R named accused persons, including the petitioner and 5-6 unknown, surrounded the informant and his brother and on the order of accused Anil Kumar Singh, coaccused Niraj Kumar Singh caused fire-arm injury to the brother of the informant.

Counsel for the petitioner submits that there is no specific allegation against the petitioner and he is in custody since 29.04.2020. Investigation of the case is already complete.

Patna High Court CR. MISC. No.37864 of 2020(2) dt.05-02-2021 2/3 Petitioner is victim of false implication due to village politics and has no criminal antecedents. Similarly situated co-accused Anil Kumar Singh has been granted bail in Cr.Misc. No.29409 of 2020, vide order dated 09.11.2020.

Learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, this Court is inclined to allow the petitioner's prayer for bail. Accordingly, 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 learned A.C.J.M., Aurangabad, in connection with Nabinagar P.S. Case No.83 of 2020, subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner.

The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be

Patna High Court CR. MISC. No.37864 of 2020(2) dt.05-02-2021 3/3 cancelled.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T