Patna High CourtCR. MISC./40906/2020bail granted

Manoj Kumar v. The State Of Bihar

2021-02-10Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40906 of 2020 Arising Out of PS. Case No.-274 Year-2019 Thana- NAWADA MUFFASIL District- Nawada ====================================================== MANOJ KUMAR S/o Raghunandan Prasad R/o village- Gurudayal Bigha, P.S.- Silao, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-02-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Nawada Muffasil P.S. Case no. 274 of 2019 registered under sections 302, 324 and 120B of the Indian Penal Code and section 27 of the Arms Act. As per allegation in the FIR, six named accused persons including two ladies as also this petitioner are stated to have come on motorcycle and it is further stated that on the order of Gayatri Devi, Vikash Kumar, Ajay Kumar and Nitish Kumar fired from their pistol resulting in death of Vijay Kumar, grandson (naati) of the informant.

It is submitted by learned counsel for the petitioner that from perusal of the FIR itself it would transpire that except

Patna High Court CR. MISC. No.40906 of 2020(2) dt.10-02-2021 2/2 for falsely implicating the petitioner and naming him as one of the persons present on spot, there is no other allegation against him. The petitioner is in custody since 2.11.2019 and has no criminal antecedent.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Session Trial no. 86 of 2020 arising out of Muffasil P.S. Case no. 274 of 2019 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge XI, Nawada.

(Partha Sarthy, J) sushma/- U T