Manoj Singh @ Manoj Kr. Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.62535 of 2018 Arising Out of PS. Case No.-163 Year-2018 Thana- SUGAULI District- East Champaran ====================================================== Manoj Singh @ Manoj Kr. Singh, Son of Late Madan Singh, Resident of Village- Koraiya, P.S.-Sugauli, District-East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binod Kumar Mishra, Advocate.
For the Opposite Party/s :
Smt. Veena Kumari Jaiswal, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-10-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in connection with Sugauli P.S. Case No.163 of 2018 registered under Sections 414/34 of the Indian Penal Code besides Sections 25(1-b)a and 27 of the Arms Act.
The accusation is that one Ramdeo Mahto gave written application to the Officer Incharge of Sugauli Police Station to the effect that his son Manulal Prasad has sustained injury due to the firing made by Manoj Singh (petitioner). Thereafter, on the basis of the aforesaid application, the informant, after registering the case bearing Sugauli P.S. Case No.162 of 2018 under Sections 341, 323, 307, 504, 506/34 of
Patna High Court Cr.Misc. No.62535 of 2018(2) dt.08-10-2018 2/3 the Indian Penal Code and Section 27 of the Arms Act, along with other police officials proceeded for village-Mataha and reached at the door of Ramdeo Mahto, where the people had surrounded a house. The people informed that the petitioner has hide himself in the said house. Thereafter, that house was searched and the petitioner was apprehended with one loaded country made pistol.
Learned counsel appearing on behalf of the petitioner submits that in relation to the injury sustained by Manulal Prasad, Sugauli P.S. Case No.162 of 2018 was instituted on the same day and regarding the recovery of the one loaded country made pistol from the possession of the petitioner, the present case was lodged. Further submission is that the petitioner used to teach the children of Ramdeo Mahto and due to dispute of payment of the tuition fee, the petitioner has falsely been implicated in this case. The petitioner has no criminal antecedent and, in the present case, is in custody since 11.05.2018.
Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the
Patna High Court Cr.Misc. No.62535 of 2018(2) dt.08-10-2018 3/3 satisfaction of the Chief Judicial Magistrte, East Champaran, Motihari, in connection with Sugauli P.S. Case No.163 of 2018. Out of the two sureties, one must be the close relative of the petitioner.
(Rajendra Kumar Mishra, J) P.S./- U T