Manoj Kumar @ Manoj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57135 of 2015 Arising Out of PS.Case No. -105 Year- 2015 Thana -BARAHIYA District- LAKHISARAI ======================================================

1. Manoj Kumar @ Manoj Singh S/o Sri Rajeshwar Singh, R/o VillageGangasarai, P.S. Barahia, Distt- Lakhisarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jai Prakash Verma For the Opposite Party/s : Mr. Smt. Madhuri Lata(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 28-03-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offence punishable under section 302/34 of the I.P.C Allegedly, the petitioner and other co-accused were found assaulting Ram Gulam Singh, the grand father of the informant, and when the informant went to rescue him they ran to assault the informant also resulting the informant fled away and raised alarm and later on his grand father was found dead and his dead body was also taken away.

Submission is of false implication and that in this case similarly situated other co-accused, namely, Binod Singh, Sunil Singh and others have already been allowed pre-arrest bail by

Patna High Court Cr.Misc. No.57135 of 2015 (4) dt.28-03-2016 2/2 another coordinate Bench of this Court and the petitioner is suffering in custody since 02.10.2015 having no criminal antecedent.

The learned A.P.P. fairly submits that other coaccused have been allowed pre-arrest bail passed in Cr. Misc. Nos. 44440 of 2015 and 44476 of 2015 vide Annexure-4. In the facts and circumstances as stated above, the petitioner is also directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Lakhisarai in Barahiya P.S. Case No. 105 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T