Manoj Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14965 of 2021 Arising Out of PS. Case No.-219 Year-2020 Thana- JHAJHA District- Jamui ====================================================== MANOJ DAS S/o Late Lilo Das R/o village- Dhobiakura, P.S.- Jhajha, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar, Adv For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-01-2022 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 the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Jhajha P.S. Case No.219 of 2020 registered for the offence under Sections 147, 148, 149, 341, 323, 307, 302, 504 and 506 of the IPC.

As per prosecution case, all the accused persons assaulted the cousin of the informant by means of lathi, danda and sword causing his death as well as the informant was also assaulted by means of lathi and danda.

Learned counsel appearing for the petitioner submits

Patna High Court CR. MISC. No.14965 of 2021(3) dt.07-01-2022 2/3 that the petitioner has clean antecedent. He has falsely been implicated in the present case. He further submits that it appears from the FIR itself that there is general and omnibus allegation against all the accused persons to assault with Lathi, Danda and Rod to the deceased who died during the medical treatment at Hospital. He further submits that co-accused, namely, Kailash Das has been granted bail vide order dated 30.11.2021 in Cr. Misc. No.18164 of 2021. Petitioner is in custody since 09.07.2020.

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

Considering the aforesaid facts and period of custody, 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 Chief Judicial Magistrate, Jamui in connection with Jhajha P.S. Case no. 219 of 2020 with the 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.

Patna High Court CR. MISC. No.14965 of 2021(3) dt.07-01-2022 3/3

(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