Manoj Kumar @ Manoj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45101 of 2023 Arising Out of PS. Case No.-200 Year-2021 Thana- DUMARIAGHAT District- East Champaran ====================================================== Manoj Kumar @ Manoj Singh S/O Late Chandraket Singh R/O VillageRampur Khajuriya, Ps. Dumaria Ghat, Dist. East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhurendra Kumar For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 341, 323, 325, 307, 504, 379 of the Indian Penal Code.

3. As per prosecution case, the informant alleged that the accused persons including the petitioner came in front the door of Amrendra Singh and started assaulting to Dhananjay Singh due to which he sustained injury. During course of this incident, the petitioner is alleged to have opened fire but not hit anyone. Accordingly, the present FIR has been lodged.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to election dispute.

Patna High Court CR. MISC. No.45101 of 2023(2) dt.28-07-2023 2/2 From perusal of FIR, the petitioner is alleged to have opened fire but no one sustained gunshot injury in the alleged incident. Similarly situated other co-accused of the case have already been granted bail by a co-ordinate Bench of this Court vide order dated 5.5.2023 passed in Cr. Misc. No. 3808 of 2023. It is further submitted that the petitioner is languishing in judicial custody since 20.6.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Dumariya Ghat P.S. Case No. 200 of 2021 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., Motihari, East Champaran. (Sunil Kumar Panwar, J) Amandeep/- U T