Manoj Singh Yadav @ Mauji @ Manoj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6099 of 2021 Arising Out of PS. Case No.-173 Year-2019 Thana- CHARPOKHARI District- Bhojpur ====================================================== MANOJ SINGH YADAV @ MAUJI @ MANOJ YADAV SON OF VAKIL SINGH RESIDENT OF VILLAGE- MANAINI P.S- CHARPOKHARI DISTT- BHOJPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 15-12-2021 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest for the offences alleged under Sections 302 and 120B of the Indian Penal Code and Section 27 of the Arms Act, registered in connection with Charpokhari P.S.Case No. 173 of 2019. The allegation against the petitioner is that along with other co-accused persons, he called the brother of the informant and took him away for visiting the field. Thereafter, the informant heard the sound of maro-maro, whereupon he rushed

Patna High Court CR. MISC. No.6099 of 2021(2) dt.15-12-2021 2/3 to the place of occurrence and saw that on exhortation of coaccused Ravi Yadav, Satya Narain Chaudhary fired shot at the chest of the deceased.

Learned counsel for the petitioner has submitted that the occurrence is in two parts. In first part, some persons have been alleged to have taken the deceased from his house to the field and threafter the informant saw Satya Narain Chaudhary opening fire at the deceased. The accused persons named in the first part including the present petitioner was not at the spot and in the second part of the FIR, there is no allegation against the present petitioner. He has also submitted that on somilar footing Puja @ Ravi and Babua have been granted anticipatory bail in Cr. Misc. No. 71834 of 2019 under order dated 05.02.2020, by the learned Co-ordinate Bench.

Considering the above-mentioned facts and circumstances, specially the fact that some accused persons, on the similar allegation, have been granted anticipatory bail, let the petitioner above-named, in the event of his arrest or surrender within four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.6099 of 2021(2) dt.15-12-2021 3/3 at Ara in connection with Charpokhari P.S.Case No. 173 of 2019, subject to the conditions as laid down under Section 438(2) Cr. P.C.

Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T