Anil Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2700 of 2022 Arising Out of PS. Case No.-704 Year-2017 Thana- NAWADA District- Nawada ====================================================== ANIL MANJHI S/o Ramji Manjhi R/o village- Ratanpur, P.S.- Nawada, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Giridhar Gopal Tiwary, Adv For the Opposite Party/s :

Mr.Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-05-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 302, 201 of the IPC. According to prosecution case, the informant alleges that on 18.10.2017, Jitendra Kumar had gone to collect the dues amount from one Mohan Manjhi but he did not return. The informant further alleges that she came to know that Mohan Manjhi has killed the deceased.

Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. He has falsely been

Patna High Court CR. MISC. No.2700 of 2022(2) dt.18-05-2022 2/3 implicated in the present case only on the basis of suspicion. He further submits that in fact the petitioner is not named in the FIR. The name of the petitioner has been transpired only on the basis of confessional statement of co-accused, namely, Mohan Manjhi. He further submits that during investigation nothing has come against the petitioner and similarly situated co-accused persons, namely, Manoj Manjhi and Akhilesh Manjhi have been granted bail by different Coordinate Benches of this Hon'ble Court vide orders at Annexure-2 series of the bail petition and co-accused, namely, Sanjay Manjhi & Ors have been granted bail by this Court vide order dated 22.12.2021 in Cr. Misc. No.43534 of 2021 and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 08.02.2021.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Nawada Nagar P.S. Case No. 704 of 2017, S.Tr.No.49 of 2021, with the

Patna High Court CR. MISC. No.2700 of 2022(2) dt.18-05-2022 3/3 following conditions:-

(1) 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 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T