Dharmendra Kumar @ Dharmendra Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82489 of 2019 Arising Out of PS. Case No.-14 Year-2019 Thana- TANKUPPA District- Gaya ====================================================== Dharmendra Kumar @ Dharmendra Manjhi Son of Deo Sharan Manjhi Resident of Village - Pipara, P.S.- Tankupa, District - Gaya. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar, Advocate For the Opposite Party/s :

Mr.Anita Kumari Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 12-12-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner in the present case is seeking regular bail in connection with Tankupa P.S. Case No. 14 of 2019 registered for the offences punishable under Sections 302, 120(B), 34 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioner submits that the petitioner is quite innocent and the informant has implicated the petitioner in this case mere on suspicion when he refused to being a witness of murder of deceased. It is further submitted that there is no direct or indirect allegation against the petitioner and the name of petitioner has come only for the reason that the petitioner was carrying a patient through the tempo of deceased. The petitioner is in custody since 13.02.2019.

Patna High Court CR. MISC. No.82489 of 2019(2) dt.12-12-2019 2/3 Learned A.P.P. for the State has opposed the prayer for bail.

Considering the facts and circumstances of the case, wherein there is no allegation that this petitioner fired on the son of the informant and the specific allegation has come against coaccused Mukesh Kumar Singh and further that similarly situated accused Santosh Singh @ Santosh Kumar Singh and Sunil Sao have been granted regular bail by a learned Co-ordinate Bench of this Court and the petitioner is in custody since 13.02.2019, let the petitioner above named be released on bail in connection with Tankupa P.S. Case No. 14 of 2019 on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-18, Gaya, subject to the condition as laid down under Section 437

(3) Cr.P.C. as under :

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person

Patna High Court CR. MISC. No.82489 of 2019(2) dt.12-12-2019 3/3 acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) vats/ved U T