Virendra Manjhi @ Birendra Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64436 of 2022 Arising Out of PS. Case No.-346 Year-2022 Thana- AKBARPUR District- Nawada ====================================================== Virendra Manjhi @ Birendra Manjhi, S/O Dhani Manjhi, R/O VillageBhanail, P.S- Akbarpur, District- Nawada ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-03-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under section 307 of the Indian Penal Code read with Section 27 of the Arms Act. As per the prosecution case, the petitioner is alleged to have fired from his pistol on the son of the informant which hit his left arm and due to which, the informant's son fell down who was taken to the Sadar Hospital, Nawada for treatment. The reason behind occurrence is said to be grazed mung by the bufallow of the petitioner which was kept in the courtyard of the informant.

Patna High Court CR. MISC. No.64436 of 2022(2) dt.22-03-2023 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that no injury report is available on record as per the impugned order and the allegation against the petitioner is of firing on non vital part of the body. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 24.08.2022. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, 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, Nawada in connection with Akbarpur P.S. Case No. 346 of 2022. The application stands allowed.

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