Monu Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82321 of 2023 Arising Out of PS. Case No.-65 Year-2023 Thana- SAHAJITPUR District- Saran ====================================================== Monu Kumar Singh Son of Lal Babu Singh, Resident of Village - Pipra, P.S. - Sahajitpur, District - Saran at Chapra - 841422. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jeetendra Narayan, Advocate.

For the Opposite Party/s :

Mr. Zainul Abedin, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-01-2024 Learned counsel for the petitioner is permitted to make correction in the petition with regard to date of custody in relevant paragraphs.

2. Heard learned counsel for the petitioner and learned APP for the State.

3. The petitioner seeks regular bail in connection with S. Tr. No.555 of 2023 arising out of Sahajitpur P.S. Case No.65 of 2023, registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner alongwith co-accused assaulted the deceased by means of rod and when the victim was taken for his treatment in the way near Pipra Pokhra both the accused persons again assaulted the victim and when the informant came to know the said fact he

Patna High Court CR. MISC. No.82321 of 2023(3) dt.18-01-2024 2/3 has taken the deceased to the Hospital where the Doctor declared him dead.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the victim met with an accident by a vehicle near the place of occurrence and got multiple injuries in road transport accident and taking the advantage of same, the informant made false allegation against the petitioner. He also submits that there is allegation against the petitioner that he has assaulted the victim and caused fracture on hand and leg and also there is no eye witness of the occurrence. Learned counsel further submits that petitioner has no criminal antecedent and he is in custody since 06.05.2023 and the charge sheet has already been submitted in this case. He also submits that there is no chance of absconding the petitioner or tampering with the evidence by him.

6. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

7. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties

Patna High Court CR. MISC. No.82321 of 2023(3) dt.18-01-2024 3/3 of the like amount each to the satisfaction of learned Additional District & Sessions Judge-Vth, Saran at Chapra in connection with S. Tr. No.555 of 2023 arising out of Sahajitpur P.S. Case No.65 of 2023, subject to the following conditions:- (i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (Sunil Dutta Mishra, J) Ritik/- U T