Manoj Singh @ Manoj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46302 of 2024 Arising Out of PS. Case No.-319 Year-2023 Thana- LALGANJ District- Vaishali ====================================================== Manoj Singh @ Manoj Kumar Son Of Ramnath Singh Resident Of Village - Parmanandpur, P.S. - Lalganj, District - Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anuj Kumar, Adv.
For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-09-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Lalganj P.S. Case No. 319 of 2023, registered for the offences punishable under Sections 147, 341, 323, 379, 504, 506 of the Indian Penal Code and later on, Section 302 of the Indian Penal Code was added.
3. The prosecution case, in brief, is that on 07.09.2023, at about 8:00 a.m., while informant was at his shop, all the F.I.R. named accused persons including these petitioners came and started abusing him, and on protest, all the accused persons assaulted him and took away cash of Rs. 5,000/- from the shop. During the course of treatment, after five days of the occurrence, informant died.
Patna High Court CR. MISC. No.46302 of 2024(3) dt.06-09-2024 2/3
4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case due to village politics. The present case is counter blast of Lalganj P.S. Case no. 320 of 2023, which has been lodged by co-accused Prabhat Kumar @ Govind Singh against informant and others. It is further submitted that the First Information Report has been lodged after a delay of 3 days and there is no plausible explanation of delay. Allegation of assault is general and omnibus and no specific overt act has been alleged against the petitioner. In the post-mortem report also, the cause of death is 'Cardiac Failure'. It is last submitted that similarly situated co-accused Vinod Kumar Singh @ Vinod Singh has already been granted bail by this Court vide order dated 31.08.2024 passed in Cr. Misc. No. 55619 of 2024. Petitioner is in custody since 07.04.2024.
5. Learned A.P.P. appearing on behalf of the State opposed the prayer for bail.
6. Having considered the aforesaid facts and circumstances of the case and similarly situated co-accused has already been granted bail, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.46302 of 2024(3) dt.06-09-2024 3/3 satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in connection with Lalganj P.S. Case No. 319 of 2023. (Prabhat Kumar Singh, J) utkarsh/- U T