Mannu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47290 of 2022 Arising Out of PS. Case No.-107 Year-2019 Thana- SAHAR District- Bhojpur ====================================================== MANNU KUMAR Son of Satendra Sah resident of Village- Baruhi, P.S.- Sahar, Dist.- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amarendra Kumar For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 30-11-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Sahar P.S. Case No. 107 of 2019, registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

As per allegation, five persons named in the FIR, including the petitioner assaulted the father of the informant with lathi and his father died during course of treatment. The learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.47290 of 2022(2) dt.30-11-2022 2/3 that the petitioner is innocent and has falsely been implicated in this case. There is no specific allegation against the petitioner, rather the allegation is general and omnibus and on exactly similar footing co-accused , Satyendra Sah and Deepak Kumar have been granted bail by the Co-ordinate Bench of this Court in Criminal Miscellaneous No. 76510 of 2019.

Considering the aforesaid facts and circumstances of the case and also keeping in view the parity, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 20,000/- each with two sureties of the like amount each to the satisfaction of learned court below where the case is pe nding, in connection with Sahar P.S. Case No. 107 of 2019, with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

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

Patna High Court CR. MISC. No.47290 of 2022(2) dt.30-11-2022 3/3

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

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Nirmal/Mahesh U T