Manoj Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44634 of 2022 Arising Out of PS. Case No.-95 Year-2021 Thana- IMAMGANJ District- Gaya ====================================================== Manoj Singh Son of Deo Raj Singh Resident of Village - Baseta, P.S.- Imamganj, District - Gaya.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shivendra Prasad, Advocate For the Opposite Party/s :
Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 08-12-2022 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 Imamganj P.S. Case No. 95 of 2021 registered for the offence under Sections 147, 148, 149, 337, 448, 341, 323, 324, 325 and 307 of the Indian Penal Code.
The accused/petitioner is named in the F.I.R. and is in custody since 08.05.2022.
The allegation against the petitioner is to assault the father of informant by iron rod, butt of pistol and stone, causing grievous head injuries, having intention to cause death due to previous enmities arises out of local disputes and differences.
Patna High Court CR. MISC. No.44634 of 2022(2) dt.08-12-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that the specific allegation is available against coaccused Ashwini Kumar and Ajam Singh to assault on the face and nose of the injured, namely Girendra Singh whereas, the allegation against this petitioner is only to assault with stone without specifying any body area, as it appears from the face of F.I.R. itself. It is submitted that the allegation against this petitioner is appeared very much general and omnibus. While concluding the argument, it has been submitted that though name of petitioner surfaced in one more criminal case, where police, after investigation, submitted final form and moreover, 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 accusation, as regard to assault, where petitioner is in custody since 08.05.2022 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 Imamganj P.S. Case No. 95 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties
Patna High Court CR. MISC. No.44634 of 2022(2) dt.08-12-2022 3/3 of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Sherghati, Gaya/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. (Chandra Shekhar Jha, J) pooja/- U T