Patna High CourtCR. MISC./53562/2023bail granted

Manoj Jaiswal @ Manoj Kumar Jaiswal v. The State Of Bihar

2023-08-25Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53562 of 2023 Arising Out of PS. Case No.-159 Year-2023 Thana- SHAHPUR PATORI District- Samastipur ====================================================== MANOJ JAISWAL @ MANOJ KUMAR JAISWAL Son of Late Rajendra Choudhary Resident of village - Hasanpur Surat, P.S.- Patori, District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Praveen For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Patori P.S. Case No. 159 of 2023 dated 6.3.2023 registered for the offences punishable u/s 147, 149, 341, 323, 307, 427, 337, 353, 504, 506 of the Indian Penal Code and 27 of the Arms Act.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have made hindrance in discharging the official duty in course of execution by the order of the court in favour of the informant. Further the petitioner fired on the informant from his roof and he was saved.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.53562 of 2023(2) dt.25-08-2023 2/2 that the petitioner is innocent and has falsely been implicated in this case. No one sustained firearms injury. Nothing incriminating material has been recovered from the conscious possession of the petitioner. There are case and counter case between the parties. The petitioner is accused in 6 other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 6.6.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Samastipur in connection with Patori P.S. Case No. 159 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T