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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59994 of 2019 Arising Out of PS. Case No.-292 Year-2019 Thana- KADAMKUAN District- Patna ====================================================== MANOJ KUMAR @ MANOJ KUMAR SINGH, aged about 44 years, Male, Son of Chandrika Singh, Resident of Bariakalan, P.S.- Fatuha, District- Patna, at present resident of ABCD Col. Block No. -C, Flat No. 33, Rajendra Nagar, P.S.- Kadamkuan, District- Patna ... Petitioner

Versus

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

For the Petitioner :

Mr. Raj Shekhar, Adv.

For the Opposite Party :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-09-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Kadamkuan P.S. Case No. 292 of 2019 (G.R. No. 3984 of 2019) for the offences alleged under Sections 341, 323, 379, 354, 504, 506 and 34 of the Indian Penal Code.

The accusation is that in routine course, the informant, Vidyanand Bharti, reached at his Sudha Dairy Booth, situated near Rajendra Nagar Golumbar, on 11.05.2019, at that time, petitioner, along with his both sons, Sumitesh Suman and Aryan Raj, reached there and petitioner started to abuse the informant and his wife. When the informant made protest, then, this petitioner ordered to kill him and caught hold his neck and stared to cause assault. At that time, his both sons also caught hold him. The petitioner took cash of Rs.30,000/- from the cash box.

The submission of the learned counsel for the petitioner is that in fact the petitioner is the own brother-in-law

Patna High Court CR. MISC. No.59994 of 2019(2) dt.23-09-2019 2/2 of the informant. The petitioner who was in service get the license of selling the milk products of Sudha Dairy in his name, but, the same was being looked after by the petitioner. After retirement, when the informant asked to hand over the whole business of milk parlour, the petitioner asked for account and return his money, which was invested, due to that reason only to put pressure the informant has lodged the present case. Petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Kadamkuan P.S. Case No. 292 of 2019 (G.R. No. 3984 of 2019) shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Subordinate Judge VII-cum-Additional Chief Judicial Magistrate, Patna, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Shamshad/- U T