Manmohan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64780 of 2024 Arising Out of PS. Case No.-235 Year-2024 Thana- PIRO District- Bhojpur ====================================================== Manmohan Singh S/o- Govind Singh, Resident Of Village- Majhion, PSHasanbazar (Piro), District- Bhojpur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Ms. Shweta, Advocate For the Opposite Party/s :

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 01-10-2024 Heard Ms. Shweta, the learned counsel for the petitioner and Mr. Parmanand Prasad, the learned Additional Public Prosecutor for the State.

2.

The petitioner is apprehending his arrest in connection with Piro PS Case No. 235 of 2024, FIR dated 09.06.2024, registered for the offences punishable under Sections 147, 149, 323, 307, 354, 452, 379 and 504 of the Indian Penal Code.

3.

According to the prosecution case, the co-accused persons entered into the house of informant and assaulted her and her family members and they also snatched informant's ornaments.

4.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that although

Patna High Court CR. MISC. No.64780 of 2024(2) dt.01-10-2024 2/3 there is specific allegation against the petitioner that petitioner along with other co-accused persons has assaulted the brotherin-law of the informant, but the injury report of the informant's brother-in-law suggests that injury inflicted upon him is simple in nature.

5.

The learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner.

6.

Considering the aforesaid facts and circumstances and mainly the facts that petitioner has clean antecedent and injury inflicted upon the injured person is found to be simple in nature, let the petitioner, above-named, in the event of his arrest or surrender before the learned trial Court, within a period of four weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Bhojpur at Ara, where the case is pending in connection with Piro PS Case No. 235 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and also the following conditions:

(i). Petitioner shall co-operate in the trial and shall

Patna High Court CR. MISC. No.64780 of 2024(2) dt.01-10-2024 3/3 be properly represented on each and every date fixed by the learned trial Court and shall remain physically present as directed by the learned trial Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the learned trial Court.

(ii). If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(iii). And further condition that the learned trial Court 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 learned trial Court 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) Shahnawaz/- U T