Manoj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51024 of 2025 Arising Out of PS. Case No.-228 Year-2024 Thana- BIHTA District- Patna ====================================================== Manoj Kumar S/O Late Jwala Resident of Lakhan Tola, P.S- Bihta, DisrtictPatna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Madhumay Madhup, Advocate For the State :
Ms. Renu Kumari, APP For the Informant :
Mr. Ranjan Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-08-2025 Heard Mr. Madhumay Madhup, learned counsel for the petitioner and Ms. Renu Kumari, learned APP for the State as also learned counsel for the informant.
2.
The petitioner seeks bail in connection with Bihta P.S. Case No. 228 of 2024 instituted for the offence under Sections 341, 323, 307, 354 & 34 of the Indian Penal Code and Section 27 of the Arms Act. Earlier vide order dated 24-01-2025, passed in Cr. Misc. No. 73741 of 2024, anticipatory bail of the petitioner was rejected by a Co-ordinate Bench of this Court.
3.
Informant alleges that on 06-03-2024 petitioner along with his wife came to his house and petitioner assaulted the mother of the informant causing injury on her head and
Patna High Court CR. MISC. No.51024 of 2025(2) dt.07-08-2025 2/3 when the son of the informant went to save his grandmother, petitioner shot fire upon the informant's son on right side of his waist and thereafter both fled away.
4.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 27-02-2025. Petitioner bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.
5.
It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Nothing incriminating has been recovered from the possession of the petitioner. Police upon completion of investigation has submitted charge sheet in this case. Learned counsel for the petitioner submits that allegedly petitioner has fired upon the son of the informant, but there is no cogent material against the petitioner to establish any deliberate intention.
6.
Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner.
7.
Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and charge-sheet being submitted, this Court is inclined to grant bail to the
Patna High Court CR. MISC. No.51024 of 2025(2) dt.07-08-2025 3/3 petitioner.
8.
Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bihta P.S. Case No. 228 of 2024, subject to the following conditions:
(I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Raj Kishore/- U T