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Patna High CourtCR. MISC./73656/2022allowed

Manohar Kumar Singh @ Manohar Singh v. The State Of Bihar

2023-03-13Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73656 of 2022 Arising Out of PS. Case No.-197 Year-2022 Thana- CHAKIA District- East Champaran ====================================================== MANOHAR KUMAR SINGH @ MANOHAR SINGH S/o Lalan Singh R/o village- Bara Bariyarpur, P.S.- Chhatauni, Distt- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Abhishek Kumar, Advocate For the State :

Mr. Ramchandra Sahni, APP For the Informant :

Mr. Dhurendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-03-2023 Heard learned counsel for the parties.

The petitioner apprehends his arrest in connection with Chakiya P.S. Case No.197 of 2022, registered for the offences punishable under Sections 326, 307, 302 and 120(B) of the Indian Penal Code as well as under Section 27 of the Arms Act. The informant alleged that all FIR named accused persons under criminal conspiracy have committed murder of her husband.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has got two criminal antecedents as stated in paragraph-3 of the bail petition. It is further submitted that the petitioner is not named in the FIR and the name of the petitioner has come on the basis of re-statement of the informant

Patna High Court CR. MISC. No.73656 of 2022(3) dt.13-03-2023 2/2 and supervision report. Learned counsel for the petitioner relies upon paragraph 16 of the case diary in which the statement of the injured person was recorded by the police and he has not taken the name of the petitioner. It is submitted that nothing has come against the petitioner in the entire case diary to show his involvement in the present case.

The learned APP for the State and learned counsel for the informant opposed the prayer for grant of anticipatory bail to the petitioner by submitting that the petitioner has played role of a liner.

Taking into consideration the facts aforesaid, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, East Champaran at Motihari in connection with Chakiya P.S. Case No.197 of 2022, subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) S.KUMAR/- U T