Janak Kumar @ Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73130 of 2024 Arising Out of PS. Case No.-266 Year-2023 Thana- PANDARAK District- Patna ====================================================== Janak Kumar @ Manoj Kumar Son of Bachchan Yadav Resident of Mirachak, P.S.- Pandarak, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhim Sen Prasad, Advocate For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-10-2024

1. Heard learned counsel for the parties.

2. The petitioner has renewed his prayer for grant of regular bail in connection with Sessions Trial no. 531 of 2024, arising out of Pandarak P.S Case no.266 of 2023 registered under sections 302, 341, 120B and 34 of the Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, the informant states that on the orders of Subodh Yadav, the petitioner and one another having caught hold of his son, the co-accused Ayush Kumar fired on him with his pistol as a result of which he died.

4. It is submitted by learned counsel for the petitioner that the earlier application for bail of the petitioner was rejected vide order dated 14.3.2024 (Annexure-P/1) passed in Cr. Misc. no. 16911 of 2024 giving liberty to the petitioner to renew his prayer for bail after six months or on framing of charge, whichever is later. Referring to the order of the learned Court

Patna High Court CR. MISC. No.73130 of 2024(2) dt.04-10-2024 2/2 below, it is submitted that charge has been framed against the petitioner. The petitioner is in custody since 24.11.2023 and undertakes to cooperate in the trial/case.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, liberty granted to the petitioner in the earlier order of rejection dated 14.3.2024, the petitioner having remained in custody for six months since the last rejection, charge having been framed against the petitioner in the learned trial Court as is evident from the order of the learned Court below and the petitioner being in custody since 24.11.2023, the petitioner is directed to be enlarged on bail in connection with Sessions Trial no. 531 of 2024 (arising out of Pandarak P.S Case no. 266 of 2023) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-IV, Barh (Patna). (Partha Sarthy, J) Shiv/- U T