Raj Kumar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5082 of 2019 Arising Out of PS. Case No.-418 Year-2017 Thana- TEKARI District- Gaya ====================================================== Raj Kumar Manjhi Male aged about 21 years Son of - Shiv Manjhi @ Vanshi Manjhi Resident of village-Shedpur, police Station Tekari (Mou O.P.), District Gaya.

... ... Petitioner/s

Versus

The State Of Bihar.

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

For the Petitioner/s :

Mr.Manish Kumar No For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-03-2019 Heard learned counsel for the parties.

Petitioner seeks bail in connection with Sessions Trial No. 76 of 2018/421 of 2018 arising out of Tekari (Mou O.P) P.S. Case No. 418 of 2017 registered for the offence punishable under Sections 302 and 34 of the Indian Penal Code. Allegation against the petitioner is of killing the father of the Informant along with FIR named accused. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case on

Patna High Court CR. MISC. No.5082 of 2019(3) dt.07-03-2019 2/3 mere suspicion as 6-7 days before it is alleged that petitioner had threatened to kill the deceased. It has further been submitted that there is no eye witness of the said occurrence. Learned counsel for the petitioner submits that the deceased was doing Tantra-Mantra and therefore there are several enemies and he might have been killed by one of them. Petitioner has got no criminal antecedent and is in custody since 18.04.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Sessions Trial No. 76 of 2018/421 of 2018 arising out of Tekari (Mou O.P) P.S. Case No. 418 of 2017, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or

Patna High Court CR. MISC. No.5082 of 2019(3) dt.07-03-2019 3/3 the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/- U