Manshu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40467 of 2020 Arising Out of PS. Case No.-241 Year-2020 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Manshu Kumar Son of Ram Babu Ram @ Ram Bahadur Ram Resident of Village - Kaithma, P.S.- Begusarai Muffasil, Distt.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.

23-03-2021 Heard learned counsel for the parties.

The petitioner seeks bail in Begusarai Muffasil P.S. Case No. 241 of 2020, registered for the offence under Sections 307, 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution case, the brother of the informant was shot by co-accused Ram Nath @ Rahul alongwith other unknown miscreants.

Petitioner is not named in the FIR. The name of petitioner has come during course of investigation in the restatement of the informant. It is further submitted that though, informant claims to be eye-witness to the occurrence, but has not named this petitioner in the FIR and later on, some persons including this petitioner has been named by him (informant). It is further submitted that similarly situated co-accused namely

Patna High Court CR. MISC. No.40467 of 2020(3) dt.23-03-2021 2/2 Bhola Kumar has already been granted bail by this Court, vide order dated 01.03.2021 passed in Cr.Misc. No. 31025 of 2020. Petitioner is in custody since 19.05.2020. Chargesheet has already been submitted.

Considering the aforesaid facts & circumstances, the bail application of petitioner is allowed. 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 satisfaction of learned C.J.M., Begusarai in connection with Begusarai Muffasil P.S. Case No. 241 of 2020, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T