Manish Singh @ Manish Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77743 of 2023 Arising Out of PS. Case No.-61 Year-2023 Thana- NAUGACHIA District- Bhagalpur ====================================================== MANISH SINGH @ MANISH KUMAR SINGH S/O LATE GAJENDRA PRASAD SINGH R/O VILLAGE- RAJENDRA COLONY, P.SNAUGACHIA, DISTT.- BHAGALPUR. ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Kumar For the Opposite Party/s :
Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-12-2023 Heard learned counsel for the petitioner as well as learned APP for the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 307, 302 of the Indian Penal Code and Section 27 of Arms Act.
3. As per the prosecution case, when the informant was celebrating holi inside his home, some dispute arose between Jyotish Bhagat, Ramesh Bhagat, Rajeev Thakur and Sanjeev Thakur. Thereafter, Dablu Yadav along with the petitioner and other co-accused persons came with rifle and gun. It is alleged that the brother of the informant went to the top of his house for watching the fight and recording the incident, in the meantime he sustained fire arm injury due to which he died during the
Patna High Court CR. MISC. No.77743 of 2023(2) dt.07-12-2023 2/3 course of treatment.
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He further submits that the specific allegation is against the co-accused Dablu Yadav. He further submits that several similarly situated co-accused persons have been granted bail by this Court vide order dated 28.08.2023 passed in Cr. Misc. No.34620 of 2023. Petitioner has five criminal antecedent out of which he has been acquitted by the learned Trial Court in four cases.
5. Learned APP for the State opposed the prayer for anticipatory bail.
6. Having regard to the facts and circumstances of the case as well as considering that similarly situated co-accused persons have been granted bail by this Court, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of
Patna High Court CR. MISC. No.77743 of 2023(2) dt.07-12-2023 3/3 the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Naugachia P.S. Case No.61 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T