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Patna High CourtCR. MISC./13940/2017rejected

Dharam Manjhi @ Dharma Manjhi v. The State Of Bihar

2017-04-26Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13940 of 2017 Arising Out of PS.Case No. -21 Year- 2004 Thana -ATRI District- GAYA ====================================================== Dharam Manjhi @ Dharma Manjhi S/o Late Vishu Manjhi resident of Village - Dihuri, P.S. - Atri, District - Gaya. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Chandra Shekhar Anand, Advocate.

For the Opposite Party : Mr. Madhuranand Jha, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-04-2017 Heard both sides.

The petitioner seeks bail in Atri P.S. Case No. 21 of 2004, registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code, under Section 27 of the Arms Act, Section 17 of the C.L.A. Act and under Sections 135(A) and 136(A) of the R.P. Act.

Learned counsel for the petitioner submits that the petitioner is not named in the FIR. Two other co-accused have been enlarged on bail. The petitioner is in jail since 27.04.2016 but, it appears that the charge sheet was submitted against the petitioner. During course of investigation, the witnesses have stated that the petitioner and other extremists stayed in their house and immediately thereafter, the occurrence took place.

Patna High Court Cr.Misc. No.13940 of 2017 (2) dt.26-04-2017 2/2 Considering the facts aforesaid and the fact that the petitioner was absconding for last eleven years and his prayer for bail was earlier rejected only on 17.11.2016, I am not inclined to enlarge the petitioner above named on bail. Accordingly, the same is rejected.

The trial court is directed to conclude the trial within six months, if the trial is not concluded the petitioner may renew his prayer for bail after six months.

(Prabhat Kumar Jha, J.) KKSINHA/- U T