Manoj Roy @ Manoj Kumar Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40544 of 2020 Arising Out of PS. Case No.-100 Year-2020 Thana- KURSAKANTA District- Araria ====================================================== MANOJ ROY @ MANOJ KUMAR ROY, S/o Tarachandra Roy, R/o VillageTakiya, P.S.- Kursakanta, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Rana, Adv.

For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-02-2021 Heard both parties.

The petitioner seeks bail in Kursakanta P.S. Case No. 100/2020, registered for the offences punishable under Sections 341, 307, 379 and 504 of the Indian Penal Code. As per prosecution case, when the informant was getting his motorcycle repaired, in the meantime, petitioner came armed with iron rod and assaulted him due to which he sustained injury on his shoulder, left temporal region and left ear.

It is submitted that present case has been lodged after lapse of 22 hours of the alleged occurrence. In the injury report, only one injury has been found on the person of informant, caused by hard and blunt substance and there is no allegation of repeated blow. Charge-sheet has already been submitted. Petitioner is in

Patna High Court CR. MISC. No.40544 of 2020(2) dt.09-02-2021 2/2 custody since 02.09.2020.

Considering the facts and circumstances of the case, the petitioner, above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate III, Araria, subject to the following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) rakhi U T