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Patna High CourtCR. MISC./80062/2019bail granted

Manjay Rai @ Manjay Gope @ Manjay v. The State Of Bihar

2020-03-17Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80062 of 2019 Arising Out of PS. Case No.-560 Year-2019 Thana- DANAPUR District- Patna ====================================================== MANJAY RAI @ MANJAY GOPE @ MANJAY Son of Manohar Rai @ Manauri Rai @ Manohar Ray Resident of Village - Satuna, Saguna Gandhi Murti, Saguna Nandipar, P.S.- Danapur, District- Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.N.K. Agrawal, Sr. Advocate, Mr. Ravi Kant Kumar For the Opposite Party/s :

Dr.Mrityunjaya Kr.Gautam For the Informant :

Mr. Sunil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-03-2020 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. A supplementary affidavit and a counter affidavit have been filed on behalf of the petitioner and the informant respectively. The same be taken on record.

In the light of statement made in paragraph 4 of the supplementary affidavit, learned counsel for the petitioner is permitted to make necessary correction in paragraph 3 of the main application.

The petitioner seeks bail in a case instituted for the offences under Sections 302, 384, 385, 386, 307, 120B, 379, 34 of the Indian Penal Code and 27 of the Arms Act. The prosecution case in short is that the accused persons variously armed caused death of the husband of the informant.

Patna High Court CR. MISC. No.80062 of 2019(3) dt.17-03-2020 2/2 It has been submitted on behalf of the petitioner that the petitioner is in custody since 9.8.2019. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. General and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. It is further submitted that the petitioner may be released after completion of nine months in custody. Other co-accused has been granted bail vide order dated 20.01.2020 passed in Cr. Misc. No. 3118 of 2020. On behalf of the State and the informant, it is submitted that the petitioner is named in the F.I.R. The petitioner has criminal antecedents.

Considering the aforesaid facts and circumstances, on completion of nine months in custody, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st, Danapur, Patna in connection with Danapur P.S. Case No. 560/2019. (Sudhir Singh, J) Pankaj/- U T