Manjeet Kumar @ Manjeet Kumar Singh @ Manjeet Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49458 of 2023 Arising Out of PS. Case No.-208 Year-2022 Thana- BACHHWARA District- Begusarai ====================================================== Manjeet Kumar @ Manjeet Kumar Singh @ Manjeet Singh S/O Late Mahakant Ishwar R/O Village- Bharaul, P.S. Bachhwara, Dist. Begusarai ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sandeep Patil, Advocate For the Opposite Party/s :
Mr.Anish Chandra,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-08-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since 25.03.2023 in connection with Bachhwara P.S. Case No. 208 of 2022, F.I.R. dated 16.08.2022 and G.R.No.2703 of 2022 registered for the offence punishable under Sections 341,323,307,504,506 and 34 of IPC.
3. Allegation against the petitioner is that he alongwith other co-accused persons brutally assaulted to the informant and taking away to Mushari Gachhi by strangulating him.
4. Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case. The allegation as alleged in the FIR is false and
Patna High Court CR. MISC. No.49458 of 2023(2) dt.08-08-2023 2/3 fabricated and from bare perusal of the FIR it appears that there is no specific allegation of any assault or overt-act attributed against the petitioner rather there is general and omnibus allegation against all the accused persons including the petitioner and the injury report of the injured person suggests that out of four injuries, three injuries are simple in nature and for one injury, opinion is reserved and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 25.03.2023.
5. Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries two more cases other than the present one.
6. Considering the aforesaid facts, let the petitioner, above named, 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 Additional Sessions Judge-II, Begusarai in connection with Bachhwara P.S. Case No. 208 of 2022, G.R.No.2703 of 2022, with the following conditions:- (I) 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
Patna High Court CR. MISC. No.49458 of 2023(2) dt.08-08-2023 3/3 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) 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.
(III) 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) Nitesh/- U T