Manoj Singh @ Manoj Kumar Singh @ Manoj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47010 of 2024 Arising Out of PS. Case No.-179 Year-2023 Thana- SONEPUR District- Saran ====================================================== MANOJ SINGH @ MANOJ KUMAR SINGH @ MANOJ SON OF BANARASI SINGH RESIDENT OF VILL- RAMSAPUR, P.S.- SONEPUR (PAHLEZA O.P.), DISTRICT- SARAN.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dileep Kumar Singh, Advocate For the Informant :
Mr. Saket Anand, Advocate Mr. Alok Kumar, Advocate For the Opposite Party/s :
Mr. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 15-07-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
2. The petitioner seeks bail in connection with Sonepur P.S. Case No. 179 of 2023 instituted for the offences punishable under Sections 341, 323, 324, 307, 379, 504/34 of the Indian Penal Code.
3. Allegation against the petitioner is to have assaulted the informant and his family members by means of axe, spear, iron rod and fire arms with intention to cause death along with other named accused persons.
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He has
Patna High Court CR. MISC. No.47010 of 2024(2) dt.15-07-2024 2/3 falsely been implicated in this case due to land dispute. There is case and counter case between the parties. The allegation levelled against the petitioner is not specific rather the allegation with regard to assault is general and omnibus in nature. Similarly situated co-accused persons have already been granted bail by this Court vide order dated 15.03.2024 passed in Cr. Misc. No. 77061 of 2023; in Cr. Misc. No. 10578 of 2024 dated 10.04.2024 and in Cr. Misc. No. 28156 of 2024 dated 19.04.2024. Moreover, he is languishing in judicial custody since 04.05.2024.
5. Learned APP for the State and learned counsel for the informant have vehemently opposed the prayer for bail.
6. From perusal of the F.I.R., impugned order dated 15.05.2024, case diary and injury report, it appears that on the basis of typed report of the informant Sadhu Singh, F.I.R. registered against 13 accused persons including this petitioner and there is no specific allegation against this petitioner. Several persons were injured in this case but no specific allegation of assault has been attributed against any of the accused persons.
7. Considering the facts and circumstances of the case and submissions made on behalf of the petitioners as well as period of custody of the petitioners, let the above named
Patna High Court CR. MISC. No.47010 of 2024(2) dt.15-07-2024 3/3 petitioners be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge - V, Saran at Chapra in connection with Sonepur P.S. Case No. 179 of 2023.
8. The trial Court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the petitioners shall be released on bail on above conditions and they shall be present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.
(Ramesh Chand Malviya, J) saurabhkr/- U T