Manoj Kumar @ Manoj Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73044 of 2022 Arising Out of PS. Case No.-304 Year-2022 Thana- JAGDISHPUR District- Bhojpur ====================================================== Manoj Kumar @ Manoj Kumar Singh Son Of Ramji Singh @ Mama Singh Resident Of Village - Dharampipra, P.S.- Jagdishpur, Dist.- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 72185 of 2022 Arising Out of PS. Case No.-304 Year-2022 Thana- JAGDISHPUR District- Bhojpur ====================================================== Saroj Kumar @ Saroj Kumar Singh Son Of Ramji Singh @ Mama Singh Resident Of Village - Dharampipra, P.S.- Jagdishpur, Dist.- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 73044 of 2022) For the Petitioner/s :
Mr.Sanjay Kumar For the Opposite Party/s :
Mr.Uday Pratap Singh (In CRIMINAL MISCELLANEOUS No. 72185 of 2022) For the Petitioner/s :
Mr.Sanjay Kumar For the Opposite Party/s :
Mr.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-08-2023 Heard learned counsel for the petitioners and learned A.P.P appearing on behalf of the State. The petitioners are languishing in custody in a case registered for the offences punishable under Sections 341, 323, 307, 34 of the Indian Penal Code
Patna High Court CR. MISC. No.73044 of 2022(7) dt.07-08-2023 2/3 and Section 27 of the Arms Act.
The prosecution case as per F.I.R is that when the informant was sitting at the door of his grand-father, all the F.I.R named accused persons including the petitioners and 5-6 unknown came there with deadly weapons and it is alleged against petitioner Manoj Kumar that he fired upon Tapeshwar Singh which hit on his chest and Panjari whereas it is alleged against petitioner Saroj Kumar and petitioner Manoj Kumar that they shot at the Ankit Kumar which hit on his thigh and ancle. It is submitted by learned counsel for the petitioners that petitioners are innocent and they have falsely been implicated in this case. There is a land dispute between the parties. There is counter version of the occurrence and petitioners' side also sustained injuries. The petitioners are languishing in custody since 17.08.2022. A statement has been made in para 3 of the petition that petitioners have no criminal antecedents.
Patna High Court CR. MISC. No.73044 of 2022(7) dt.07-08-2023 3/3 Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that there is specific allegation against the petitioners that they shot at Tapeshwar Singh and Ankit Kumar as a result of which they sustained multiple gunshot injuries. The independent witnesses have also supported the case of the prosecution.
Considering the fact that there is specific accusation against the petitioners, this Court is not inclined to grant bail to the petitioner. The prayer for grant of bail to the petitioners stands rejected. The Trial Court is directed to expedite the trial and conclude the same at the earliest.
(Sunil Kumar Panwar, J) Shageer/- U T