Patna High CourtCR. MISC./43660/2023bail granted

Manoj Kumar v. The State Of Bihar

2023-09-08Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43660 of 2023 Arising Out of PS. Case No.-68 Year-2023 Thana- GHOSI District- Jehanabad ====================================================== MANOJ KUMAR son of Ambika Prasad Yadav @ Ambika Yadav VillageAlinagar Pali Pokhar Ps- Pali dist- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashi Bhushan Kumar For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-09-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Ghoshi (Okari) P.S. Case No. 68 of 2023 dated 06.02.2023 registered for the offences punishable u/s 302 of the Indian Penal Code and section 27 of the Arms Act and later on added sections 25 (1b)a, 26 and 35 of the Arms Act.

4. As per the prosecution case, unknown miscreants are alleged to have shot the husband of the informant dead.

Patna High Court CR. MISC. No.43660 of 2023(4) dt.08-09-2023 2/3

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has surfaced during the course of investigation. There is land dispute between the parties. Charge sheet has already been submitted. The petitioner is the son-in-law of the deceased. There is nothing against the petitioner except selfconfessional statement made before police. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 07.02.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and has submitted that the petitioner in his confessional statement has stated the modus operandi as to how the occurrence took place with the association of the other co-accused persons.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Jehanabad in connection with Ghoshi (Okari) P.S. Case No. 68 of 2023, with the condition/s:-

Patna High Court CR. MISC. No.43660 of 2023(4) dt.08-09-2023 3/3 (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T