Patna High CourtCR. MISC./73795/2022bail granted

Manji Singh @ Dharmeshwar Singh v. The State Of Bihar

2023-05-09Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73795 of 2022 Arising Out of PS. Case No.-79 Year-2022 Thana- NATWAR District- Rohtas ====================================================== MANJI SINGH @ DHARMESHWAR SINGH Son of Sheo Parsan Singh @ Shiv Parasan Singh R/V- Karma, P.S- Suryapura, Dist- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar, Adv.

For the Opposite Party/s :

Mrs. Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 09-05-2023 Heard Mr. Krishna Prasad Singh, learned senior counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail, who is in custody since 06.07.2022 in connection with Natwar P.S. Case No.79/2022, F.I.R. dated 06.06.2022, for the offences punishable under Sections 363, 365 of the Indian Penal Code but the police after investigation submitted the charge sheet under Sections 302, 364, 201 and 120(B) of the Indian Penal Code.

According to prosecution case, the son of the informant went missing leading to registration of the instant case against unknown persons.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case merely on the basis of suspicion. He further submits that earlier the F.I.R.

Patna High Court CR. MISC. No.73795 of 2022(3) dt.09-05-2023 2/3 was instituted against the owner of mobile bearing no. 7056088745 but it has come during investigation that the owner of mobile no. 7056088745 was found to be one Ragni Devi, resident of Guru Nanak Colony, Bahadurganj, Haryana. He further submits that the name of the petitioner has come in the present case during investigation on the re-statement of the informant in which he suspected the involvement of the petitioner in the occurrence as his son was in love with the daughter of the petitioner and no other cogent material has come during investigation to connect the involvement of the petitioner in the present occurrence. He further submits that co-accused, namely, Rocky @ Rocky Kumar Singh @ Pawan Singh has been granted anticipatory bail by a coordinate Bench of this Court vide order dated 24.03.2023 passed in Cr. Misc. No. 588/2023 and the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 06.07.2022.

Learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries one antecedent other than the present one.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like

Patna High Court CR. MISC. No.73795 of 2022(3) dt.09-05-2023 3/3 amount each to the satisfaction of the learned A.C.J.M., Bikramganj, Rohtas in connection with Natwar P.S. Case No. 79/2022, subject to 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 and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled 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.

3. 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) amit/- U T