Bhuletan Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5398 of 2019 Arising Out of PS. Case No.-524 Year-2015 Thana- BIHTA District- Patna ====================================================== Bhuletan Manjhi, Male, aged about 52 years, son of Ashok Manjhi, resident of village- Jagdishpur, P.S. Bihta, Dist- Patna ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rudra Deo For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-03-2019 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 302/379/34 of the Indian Penal Code.

Informant has alleged in the fardebyan that her husband, Baijnath Singh was murdered by Tetri Devi, Driver, Bablu Manjhi and Ramashish Manjhi with the help of other coaccused as he had illicit relation with Tetari Devi. It has been submitted on behalf of the petitioner that he is not named in the F.I.R. It has further been submitted that name of the petitioner has surfaced in this case on the

Patna High Court CR. MISC. No.5398 of 2019(3) dt.13-03-2019 2/3 confessional statement made by the co-accused, Tetari Devi. Nothing has been recovered from his possession. Similarly placed co-accused persons have already been granted bail by this Court as contained in Annexure II series. Petitioner has no criminal antecedent and he is in custody since 09.07.2018. 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 Bihta P.S. Case No.524 of 2015, 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 absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the

Patna High Court CR. MISC. No.5398 of 2019(3) dt.13-03-2019 3/3 evidence or 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) Sanjay/- U T