Patna High CourtCR. MISC./13486/2015bail granted

Rajesh Manjhi v. The State Of Bihar

2015-05-19Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.13486 of 2015 (2) dt.19-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13486 of 2015 Arising Out of PS.Case No. -6 Year- 2005 Thana -PATNA GRP CASE District- PATNA ======================================================

1. Rajesh Manjhi son of Kale Manjhi resident of village - Babuchak Mushari, p.s. - Sahpur, Distt - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Swapnil Kumar Singh For the Opposite Party/s : Mr. R.P.S.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 19.05.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

It would appear from perusal of the first information report that petitioner was caught red handed along with stolen urea in the year 2005 but the impugned order of learned Addl. Sessions Judge III, Patna goes to show that he was remanded in this case on 17.12.2013 from another case and furthermore, it goes to show that the petitioner was declared absconder on 18.10.2005. I am unable to understand as to when petitioner was caught on the spot along with stolen urea as to under which circumstance, he was declared absconder. Moreover, considering the period of detention of the petitioner in jail custody as well as facts and circumstances, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Railway Judicial Magistrate, Patna in R.P.F (Danapur) P.S. Case no.

Patna High Court Cr.Misc. No.13486 of 2015 (2) dt.19-05-2015 06/2005 subject to the conditions that one of the sureties must be close relative of the petitioner and furthermore, petitioner shall attend the learned trial court in person on each and every date for the period of nine months or till conclusion of his trial whichever is earlier and if he fails to do so on three consecutive dates without any reasonable explanation, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner.

shahid (Hemant Kumar Srivastava,J) U T