Shivnandan Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13038 of 2024 Arising Out of PS. Case No.-361 Year-2019 Thana- WAJIRGANJ District- Gaya ====================================================== Shivnandan Manjhi SON OF Ramjee Manjhi RESIDENT OF VILLAGEBHAGALPUR, PS- WAZIRGANJ, DIST- GAYA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.S. Jamil Akhter, Adv.
For the Opposite Party/s :
Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 01-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in connection with Wazirganj P.S Case No. 361 of 2019 registered for the offences punishable under Sections 147, 148, 149, 323, 324, 326, 302, 307, 504, 506 of the IPC.
3. As per prosecution case, the informant and his son are said to have been assaulted by the eighteen FIR named accused persons including the petitioner as result of which son of the petitioner succumbed before the injuries during course to treatment.
4. Learned counsel for the petitioner submits
Patna High Court CR. MISC. No.13038 of 2024(2) dt.01-03-2024 2/3 that petitioner has falsely been implicated in this case. It is further submitted that co-accused has already granted bail by the Co-ordinate Bench of this Court vide order dated 27.04.2022 passed in Cr. Misc. No. 69364 of 2021. It is also submitted that petitioner is in judicial custody since 09.08.2023.
5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.
6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M 1st, Gaya in connection with Wazirganj P.S Case No. 361 of 2019, subject to following conditions:
(I) 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
Patna High Court CR. MISC. No.13038 of 2024(2) dt.01-03-2024 3/3 as sirected by the Court and on his / her absence on two consecutive dates without sufficient reason, his / her bail bond shall be canceled by the trial court.
(ii) 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.
(Ramesh Chand Malviya, J) Mayank/- U T