Manoranjan Pd. Singh @ Manoranjan Singh @ Manoranjan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73123 of 2022 Arising Out of PS. Case No.-132 Year-2022 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Mritunjay Kumar Singh @ Minku Singh S/O Late Akshayvat Singh Resident of village- Rahua, P.S.- Sahebpur Kamal, District- Begusarai. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 73141 of 2022 Arising Out of PS. Case No.-132 Year-2022 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Manoranjan Pd. Singh @ Manoranjan Singh @ Manoranjan Prasad Son of Late Sri Narayan Singh Resident of Village- Rahua, P.S.- Sahebpur Kamal, District- Begusarai ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 73123 of 2022) For the Petitioner/s :

Mr. Shubhesh Pandey, Advocate For the Informant : Mr. Shashank Shekhar, Advocate For the State :

Mr. Anil Kumar, APP (In CRIMINAL MISCELLANEOUS No. 73141 of 2022) For the Petitioner/s :

Mr. Shubhesh Pandey, Advocate For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 10-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail, who are in custody since 29.07.2022 and 31.08.2022, in connection with Sahebpur Kamal P.S. Case No. 132 of 2022, F.I.R. dated 17.05.2022 registered

2/4 for the offences punishable under Sections 342, 386, 307, 326, 384/34 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case, in brief, is that co-accused persons surrounded the father of the informant and started demanding ransom. When he opposed, co-accused Lalit Vijay singh fired two rounds from his pistol upon the father of informant due to which he sustained injuries. Learned counsel for the petitioners submits that the petitioners have clean antecedents and they have been falsely implicated in the present case. He further submits that it appears from the F.I.R. that there is no specific allegation against the petitioners and in fact the petitioner namely Manoranjan Prasad Singh @ Manoranjan Singh is not named in the F.I.R. and he is one of the conspirator in the case.

He further submits that allegation against the petitioner namely Mritunjay Kumar Singh @ Minku Singh is that he was one of the member of the unlawful assembly and there is no specific allegation of any assault or overt act against both the petitioners. He further submits that co-accused Birbal Yadav, who is also not named in the F.I.R. has been granted bail by a Coordinate Bench of this Court vide order dated 24.03.2023 passed in Cr. Misc. No.

3/4 2023, another co-accused namely Shivesh Samdarshi @ Sharbesh Shamdarshi has been granted anticipatory bail by a Coordinate Bench of this Court vide order dated 20.03.2023 passed in Cr. Misc. No. 70496 of 2022 and the case of the petitioner stands on better footing than those of the petitioners who have been granted bail. He further submits that the police after investigation submitted chargesheet against the petitioners and the petitioner namely Mritunjay Kumar Singh @ Minku Singh is in custody since 29.07.2022 and the petitioner namely Nmanoranjan Prasad Singh @ Manoranjan Singh is in custody since 31.08.2022.

The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioners. Considering the facts and circumstances of the case, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM-I, Begusarai (petitioner namely Mritunjay Kumar Singh @ Minku Singh), to the satisfaction of learned Chief Judicial Magistrate, Begusarai (petitioner namely Manoranjan Prasad Singh @ Manoranjan Singh) in connection with Sahebpur Kamal P.S. Case No. 132 of 2022, subject to the

4/4 following conditions :-

(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below.

(2) If the petitioners tamper with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners. 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) Ibrar//- U T