Surendra Manjhi @ Azad Jee v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56126 of 2015 Arising Out of PS.Case No. -160 Year- 2015 Thana -GHOSI District- JEHANABAD ======================================================
1. Surendra Manjhi @ Azad Jee Son of Jageshwar Manjhi Resident of Village - Rangpur Field, Police Station - Atari, District - Gaya. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Kumar For the Opposite Party/s : Mr. Manoj Kumar No.1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-02-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.
The petitioner seeks bail in connection with Ghosi P.S. Case No. 160 of 2015 registered for the offences punishable under Sections 399, 402, 385, 387 of the Indian Penal Code and Sections 16, 18, 20 and 21 of the U.A.P. Act. Allegedly, the informant and other police personnel raided the house of kamla Singh and then six miscreants started fleeing away but on the roof two miscreants were caught including the petitioner and from possession of the petitioner fire arms and cartridges were recovered and it is alleged that they were making plan to collect levy and also to make the "band" call successful. Submission is of false implication and that the
Patna High Court Cr.Misc. No.56126 of 2015 (3) dt.11-02-2016 2/2 petitioner for the same occurrence has been made accused in two cases one under Arms Act and another in this case and in the case of Arms Act the petitioner has been allowed bail vide Criminal Miscellaneous No. 53372 of 2015 and in this case the petitioner is in custody and as such he having no other criminal antecedent deserves sympathetic consideration to which learned A.P.P. opposes.
In the facts and circumstances stated above, considering the period of detention of the petitioner now he is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned C.J.M., Jehanabad in connection with Ghosi, P.S. Case No. 160 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J) siddharth/- U T