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

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IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44176 of 2022 Arising Out of PS. Case No.-177 Year-2022 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Manoj Kumar Singh @ Manoj Singh Son Of Late Kameshwar Singh R/O Village- Bhikhanpura, P.S.- Sadar, Dist.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-11-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Muzaffarpur (Sadar) P.S. Case No. 177 of 2022 registered for the offence under Sections 341, 323, 307, 504, 379 and 34 of the Indian Penal Code and under Section 27 of the Arms Act The accused/petitioner is named in the F.I.R. and is in custody since 30.05.2022.

The allegation against the petitioner is to cause bodily injuries to informant and others, while equipped with iron rod, alongwith other co-accused persons, having intention to cause death due to previous enmities arises out of neighbourhood disputes and

Patna High Court CR. MISC. No.44176 of 2022(2) dt.22-11-2022 2/2 differences.

Learned counsel appearing on behalf of the petitioner submitted that it appears from bare perusal of F.I.R. that assault was caused by petitioner was with iron rod, not by using fire arm. It is further submitted that the nature of injury, which was alleged to be caused by this petitioner is simple in nature, sufficient to suggest that petitioner was not under intention to cause death. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

Considering the facts and circumstances as mentioned above and by taking note of the nature of injury which is simple coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Muzaffarpur (Sadar) P.S. Case No. 177 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. (Chandra Shekhar Jha, J) pooja/- U T