Manoj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69369 of 2022 Arising Out of PS. Case No.-62 Year-2022 Thana- ALIPUR District- Gaya ====================================================== Manoj Singh Son Of Late Chandrika Singh R/O Vill.- Bhelampur, P.S.- Alipur, Distt.- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No2 For the Opposite Party/s :

Mr. Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 22-02-2023 Heard Ld. counsel for the petitioner and Ld. APP for the State.

The petitioner seeks bail in connection with Alipur P.S. Case No. 62 of 2022, registered for the offences punishable under Sections 341, 323, and 302 of the Indian Penal Code.

As per allegation, the sole accused-petitioner has beaten the victim to death.

Ld. counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner was not armed and there was no intention to kill the alleged victim. He also

Patna High Court CR. MISC. No.69369 of 2022(2) dt.22-02-2023 2/3 submits that investigation in this case is complete and charge-sheet has already been submitted.

He further submits that the petitioner has been languishing in jail since 15.07.2022.

It has also been stated in paragraph no. 3 of the bail petition that the petitioner has earlier been made accused in one other case.

It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one.

However, Ld. APP for the State vehemently opposes the prayer of the petitioner for bail submitting that the victim has been beaten to death by the sole accusedpetitioner and this actus rea of the petitioner shows mens rea to kill the person who becomes the victim of the offence. Even as per the post-mortem report, all injuries were antemortem caused by hard and blunt force and cause of death was due to injury on scalp and head.

Considering the aforesaid facts and circumstances, I am not persuaded to enlarge the petitioner on bail.

Patna High Court CR. MISC. No.69369 of 2022(2) dt.22-02-2023 3/3 This application stands rejected accordingly. Ld. counsel for the petitioner is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.

(Jitendra Kumar, J) ashishkr/- U T