Manoj Kumar Sahnogiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6930 of 2021 Arising Out of PS. Case No.-85 Year-2020 Thana- BIRPUR District- Supaul ====================================================== MANOJ KUMAR SAHNOGIYA Son of Bhuvneshwar Yadav Resident of Village-Koshikapur, Ward No.-12, P.S.-Birpur, District-Supaul. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Chandra, Advocate For the Opposite Party/s :
Mrs. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) 16-04-2021 The defect (s) as pointed out by the Office be removed by the learned counsel for the petitioner within two months after High Court resumes its normal functioning. Heard learned counsel for the parties.
Petitioner seeks bail in a case registered for the offence punishable under Sections 341, 342, 307,302, 120-B, 379 and 34 of the Indian Penal Code and section 27 of the Arms Act.
Informant has alleged that on 07.05.2020 his husband was returning from Godown along with his nephew (Bhagina) at about 8.30 P.M. and when he reached near Badh place, Jagdish Karogiya, Manish Yadav, Kundan Yadav, Sushila Devi, Binod
Patna High Court CR. MISC. No.6930 of 2021(2) dt.16-04-2021 2/3 Kumar, Pawan Yadav @ Golu, Lalan Kumar, Pawan Yadav, Chandan Kumar, Pradip Kumar Yadav, Dinesh Marveta, Pramod Kumar Mehta, Sushant Yadav, were present there along with iron rod, country made pistol and they surrounded his husband and Jagdish Karogiya fired upon the husband of the informant, as a result of which, he sustained injury and fell down on the earth. Thereafter, Kundan Kumar fired upon Bhagina of the informant, Pradip Kumar Yadav, as a result of which, he died on the spot.
It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. Petitioner is not named in the FIR and there is no allegation of firing against him. Similarly placed co-accused Om Kumar Yadav and Usuf Aalam have already been granted bail by different co-ordinate Benches of this Court vide order dated 23.03.2021 passed in Cr. Misc. No.39896 of 2020 and vide order dated 09.03.2021 passed in Cr. Misc. No.38243 of 2020 respectively. Petitioner has no criminal antecedent and he is in custody since 30.06.2020.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like
Patna High Court CR. MISC. No.6930 of 2021(2) dt.16-04-2021 3/3 amount each to the satisfaction of learned court below where the case is pending in connection with Birpur P.S. Case No. 85 of 2020, 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.
(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 petitioner.
(S. Kumar, J) Sanjay/- U T