Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49671 of 2023 Arising Out of PS. Case No.-186 Year-2020 Thana- SAKRA District- Muzaffarpur ====================================================== 1.

MANOJ KUMAR SON OF RAGHUVIR RAI RESIDENT OF VILLAGE RAGHUNATHPUR DONMA, PS- SAKRA, DIST- MUZAFFARPUR 2.

CHHOTU KUMAR SON OF RAAWAN RAI RESIDENT OF VILLAGE RAGHUNATHPUR DONMA, PS- SAKRA, DIST- MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sagar Kumar, Advocate For the Opposite Party/s :

Mr. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 08-08-2023 Heard learned counsel appearing on behalf of the parties.

2.

The petitioners seek bail in connection with Sakra P.S. Case No.186 of 2020 registered for the offence under Sections 147, 148, 149, 341, 323, 307 and 302 of the Indian Penal Code.

3.

The accused/petitioners are named in the F.I.R. and are in custody since 23.04.2023.

4.

The allegation against both petitioners is to commit murder of one Dharmendra Kumar, who is relative of the informant along with other 15 named co-accused persons, by using lathi, danda, iron rod, etc. where, occurrence arises out of

Patna High Court CR. MISC. No.49671 of 2023(2) dt.08-08-2023 2/3 previous occurrence, which alleged to be occurred on 19.05.2020 at about 12:00 PM, due to motorcycle accident. 5.

Learned counsel appearing on behalf of the petitioners submitted that allegation is appearing very much general and omnibus against these petitioners qua physical assault, which alleged to cause death of relative of informant. It is submitted that similarly situated several co-accused persons have already granted bail by different learned co-ordinate Benches of this Court, through Cr. Misc. No. 67384 of 2021 dated 03.01.2023, Cr. Misc. No. 32893 of 2020 dated 11.01.2021, Cr. Misc. No. 14092 of 2021 dated 02.07.2021, respectively. While concluding the argument, it is submitted that petitioners are men of clean antecedent and moreover, investigation of this case is completed, for which, charge-sheet has already submitted, as such, there is no chance of tampering with the evidence.

6.

Learned APP appearing on behalf of the State, opposes the prayer of bail.

7.

Considering the facts and circumstances as mentioned above and by taking note of the fact as allegation for physical assault is available against these petitioners are very much general and omnibus in nature, coupled with the fact that

Patna High Court CR. MISC. No.49671 of 2023(2) dt.08-08-2023 3/3 charge-sheet has already been submitted, where, petitioners are men of clean antecedent and in custody since 23.04.2023, let both petitioners, above named, are directed to be released on bail in connection with Sakra P.S. Case No.186 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned 12th Additional Chief Judicial Magistrate, Muzaffarpur (East)/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) S.Katyayan/- U T