Manu Singh @ Monu Singh @ Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55370 of 2021 Arising Out of PS. Case No.-89 Year-2020 Thana- KARAKAT District- Rohtas ====================================================== MANU SINGH @ MONU SINGH @ ABHISHEK KUMAR SON OF SANTOSH SINGH R/O VILLAGE- KARMA, P.S.- KARAKAT, DISTRICTROHTAS ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shankar Kumar, Adv.

For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-04-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 341, 323, 307/34 of the Indian Penal Code.

The petitioner is alleged to have inflicted iron rod blow on the head of the informant resultantly he fell down and with the help of villagers, he sent to the hospital for treatment.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner is said to have assaulted the informant by iron rod

Patna High Court CR. MISC. No.55370 of 2021(3) dt.11-04-2022 2/3 on his head but the injury report reflects that the informant sustained altogether seven injuries and out of them six are opined to be simple in nature and injury No.7 is said to be grievous in nature caused by a hard and blunt substance which does not corroborate with allegation of giving iron rod blow on the head of the informant as because the injury sustained by the informant is opined to ge on maxillary bone of the informant. He further submits that the police after investigation has submitted charge-sheet in this case against the petitioner. The petitioner is rotting in judicial custody since 12.11.2020.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries three more cases other than the present one. Considering the facts and circumstances of the case, 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 Court below where the case is pending in connection with S.Tr. No. 131 of 2021 arising out of Karakat P.S. Case No. 89 of 2020 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall

Patna High Court CR. MISC. No.55370 of 2021(3) dt.11-04-2022 3/3 be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled 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.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T