Chhotelal Manjhi v. The State Of Bihar

Patna High Court Cr.Misc. No.16773 of 2015 (4) dt.26-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16773 of 2015 Arising Out of PS.Case No. -102 Year- 2014 Thana -PHULWARIA District- GOPALGANJ ====================================================== CHHOTELAL MANJHI, SON OF BIDESHI MANJHI, RESIDENT OF VILLAGE - BALEPUR GADDI TOLA, POLICE STATION - PHULWARIA, DISTRICT - GOPALGANJ.

.... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR.

.... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Raghav Prasad, Advocate. For the Opposite Party/s : Mr. Dashrath Mehta (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 26-08-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Phulwaria P.S. Case No. 102 of 2014 registered under Section 395 of the Indian Penal Code.

The dacoity took place in the night of 20.08.2014 and on the basis of written report of informant, Kishore Chaudhary, F.I.R. lodged on 21.08.2014 at about 11.50 AM against 10-11 unknown.

Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. but informant and his wife in their re-statement and statement disclosed the name of petitioner and his brother, Dinesh Manjhi, showing their involvement in the dacoity and also stated that they were known to him earlier but

Patna High Court Cr.Misc. No.16773 of 2015 (4) dt.26-08-2015 due to nervousness their names could not be disclosed in the F.I.R. It is further submitted that petitioner is in custody since 20.02.2015 and co-accused, Dinesh Manjhi, who is the brother of petitioner, has already been granted privilege of bail by a Bench of this Court vide order dated 01.04.2015 passed in Criminal Misc. No. 50886 pf 2014.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate Ist Class, Gopalganj in connection with Phulwaria P.S. Case No. 102 of 2014. Out of two sureties, one surety must be the parents or close relative of the petitioner. (Rajendra Kumar Mishra, J) Bhardwaj/- U T