Manjay Pal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88175 of 2024 Arising Out of PS. Case No.-7 Year-2024 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Manjay Pal Son of Bisheshwar Pal @ Visheswar Pal Resident of Village - Rajkand, P.S - Karpurigram, District - Samastipur (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vinay Kumar Mishra For the Opposite Party/s :
Ms.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-04-2025 1.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
2.
The petitioner seeks bail in a case registered for the offences punishable under Sections 452, 324, 307, 504, 506 and 120B of the Indian Penal Code and Section 27 of the Arms Act. 3.
Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is in custody since 7-1-2024 and this is the second attempt of the petitioner to seek bail. It is next submitted that petitioner had earlier moved this Court seeking regular bail by filing Cr. Misc No. 27347 of 2024 and the same came to rejected by an order dated 21-62024 on the ground that there is a specific allegation against this petitioner and Anjani Kumar of firing twice causing injury to the
Patna High Court CR. MISC. No.88175 of 2024(3) dt.11-04-2025 2/3 father-in-law of the informant near his eye and hand. It is further submitted that petitioner is not related to the informant in any manner and came to be implicated being a co-villager. It is also submitted that charges have been framed and the trial has commenced and out of seven prosecution witnesses till date only three prosecution witnesses have been examined. It is submitted that even the victim (Dhuruv Pal) has also been examined wherein he has specifically stated that son of Bhikari fired causing injury near his eye. It is further submitted that petitioner is not the son of Bhikari rather is son of Bisheshwar Pal. It is thus submitted that even presuming what has been alleged against this petitioner to be true then the allegation against the petitioner is of firing causing injury on hand. It is also submitted that a report was called from the learned trial court and the same has come and from perusal of the same, it would manifest that till date only three witnesses have been examined.
4.
Learned A.P.P. for the State opposes the prayer for bail of the petitioner and submits that since charges have been framed and trial has commenced and three prosecution witnesses have been examined, as such if privilege of bail is granted to the petitioner, the petitioner may abscond, on which
Patna High Court CR. MISC. No.88175 of 2024(3) dt.11-04-2025 3/3 the learned counsel appearing on behalf of the petitioner submits that petitioner will not abscond rather will cooperate in the trial to prove his innocence.
5.
Learned counsel for the petitioner reiterates and submits that petitioner is a person with clean antecedent. 6.
Considering the submission made by learned counsel for the petitioner and also taking into consideration the fact that petitioner is a person with clean antecedent, let the petitioner above named be released 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 the learned trial court where the case is pending/successor court in connection with Samastipur Muffassil P.S. Case No. 07 of 2024. 7.
One of the bailors of the petitioner shall be his father, Bisheshwar Pal @ Visheswar Pal.
8.
However, it is made clear that if the learned trial court comes to a conclusion that the petitioner after his release is trying to delay the trial in any manner, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner. (Satyavrat Verma, J) SUMIT/- U T