Manjoor Alam @ Manjur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51278 of 2022 Arising Out of PS. Case No.-42 Year-2021 Thana- POTHIYA District- Kishanganj ====================================================== Manjoor Alam @ Manjur Son Of Pajiruddin R/O Village- Chota Suhagi, P.O.- Chhatargach, P.S.- Pothia, District- Kishanganj ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajeev Kumar Singh For the informant :
Mr. Abdul Mannan Khan Mr. Mandira Sau For the State :
Mr. Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-02-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504/34 of the Indian Penal Code and subsequently Added Section 302 of the Indian Penal Code The allegation against the petitioner is that he assaulted the informant's niece, namely, Karina, by the means of iron rod on head, due to which she succumbed
Patna High Court CR. MISC. No.51278 of 2022(3) dt.06-02-2023 2/3 to injuries.
It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. There is case and counter case between the parties and both parties have sustained injuries as alleged in separate occurrence. In the background of land dispute, the present case has been registered with false and concocted allegations. It is also submitted that there is no repetition of blow and the death of deceased cause during the course of free fight between the parties and in fact the victim has died due to blow given by her own uncle ie. informant. Moreover, the petitioner is languishing in judicial custody since 11.04.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.
Learned APP appearing for the State has vehemently opposed the prayer for Bail.
Having heard learned counsel for the parties
Patna High Court CR. MISC. No.51278 of 2022(3) dt.06-02-2023 3/3 and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Pothiya P.S. Case No. 42 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate I, Kishanganj.
(Sunil Kumar Panwar, J) nirajkrs/- U T