Manager Singh vs State Of Bihar

Heard Mr. Chandra Shekhar Singh, learned counsel for the petitioner and Ms. Sangeeta Sharma, learned Additional Public Prosecutor (hereinafter

referred to as the ‘APP’) for the State.

The petitioner is in custody in connection with Marhaura PS Case No.306 of 2016 dated 29.06.2016, instituted under Section 302 of the Indian

Penal Code.

The allegation against the petitioner is that he was party to the death of the maternal uncle of the informant.

Learned counsel for the petitioner submitted that in the FIR itself it has been stated that the petitioner, the deceased and others were part of a

singing group and on the fateful day, they had gone to perform, but the deceased became ill, and was referred to various hospitals and finally, Patna

Medical College and Hospital, but on way, he died. He submitted that only because the petitioner did not come on the call of the informant, he has

been made accused. It was submitted that the petitioner had commitment to complete the contract and that is why he could not come and, initially, he

had taken the deceased to the first Primary Health Center and thereafter another member of the musical party, namely, Lakhan Ram, had coordinated

with the informant. Learned counsel submitted that even the postmortem report does not disclose any external injury and the death is said to have

been caused by shock and hemorrhage and blood has been found in the brain cavity, which clearly indicates that there was no foul play. It was

submitted that the petitioner has no criminal antecedent and is in custody since 06.02.2020.

Learned APP, from the case diary, submitted that there is suspicion against the petitioner as he did not come even when called.

Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail

upon furnishing bail bonds of Rs.25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the CJM, Saran at

Chapra, in Marhaura PS Case No.306 of 2016, subject to the conditions (i) that one of the bailors shall be a close relative of the petitioner, (ii) that the

petitioner shall cooperate with the Court/police/prosecution. Failure to cooperate shall lead to cancellation of his bail bonds.

The application stands disposed off in the aforementioned terms.