Manjit Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60035 of 2022 Arising Out of PS. Case No.-67 Year-2022 Thana- CHANDRADIP District- Jamui ====================================================== MANJIT SINGH Son of Manoj Singh Resident of village - Sonkhar, P.S.- Chandardeep, District - Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-02-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 307,353/34 of IPC and Section 27 of the Arms Act.

The prosecution case in short is that on 07.05.2022 the petitioner and another co-accused person fired aiming the police party with intent to kill and fled away. Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case. Further submits that it appears that the allegation against the petitioner and other co-accused persons is of firing in the air. Further submits that no one received any injury in the present occurrence so no case is made out against the petitioner under

Patna High Court CR. MISC. No.60035 of 2022(2) dt.07-02-2023 2/3 the Arms Act and only on the basis of the suspicion the present FIR has been instituted against the petitioner and other coaccused persons. Name the petitioner has been transpired on the basis of the disclosure made by the local Chaukidar and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 08.05.2022. Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner. Further submits that the petitioner carries three more cases other than the present one.

Considering the aforesaid facts, let the petitioner, above named, 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 learned court below where the case is pending in connection with Chandradeep P.S.Case No.67 of 2022 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.60035 of 2022(2) dt.07-02-2023 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T