Manoj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66133 of 2022 Arising Out of PS. Case No.-336 Year-2022 Thana- PAROO District- Muzaffarpur ====================================================== MANOJ SINGH SON OF KAPILDEO SINGH R/O VILLAGE- JAYMAL DUMARI, P.S.- PAROO, DISTRICT- MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rudal Singh, Adv.

For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 03-04-2023 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 341, 323, 307, 147, 379, 504 and 506 of the Indian Penal Code.

The petitioner along with others are stated to have assaulted the informant while the petitioner put a rope in his neck with intention to kill him as a result of which he sustained injury.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that it appears from the F.I.R. itself that there was previous enmity between the parties and on account of that present occurrence took place. As a matter fact,

Patna High Court CR. MISC. No.66133 of 2022(3) dt.03-04-2023 2/3 the petitioner along with others had filed a partition Suit No. 116 of 2022 against the informant and others and since then both the parties are having inimical terms to each other. He further submits that so far as allegation of assault against the petitioner is concerned, though the injury report suggests that the injury sustained by the informant is grievous in nature but not sustained on vital part of the body of the informant. He further contends that the parties have compromised their case and a compromise petition has been filed on behalf of both the parties before the Magistrate in the court below. He further submits that the police after investigation has submitted charge-sheet in this case against the petitioner. The petitioner is rotting in judicial custody since 01.10.2022.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries one more case other than the present one.

Considering the facts and circumstances of the case, let the, above named, petitioner 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 Paroo P.S. Case No. 336 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

Patna High Court CR. MISC. No.66133 of 2022(3) dt.03-04-2023 3/3 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 canceled by the Court below.

(2) 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.

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) brajesh/- U T