Sammi Manjhi @ Summi Manjhi @ Shambhu Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.23519 of 2021 Arising Out of PS. Case No.-215 Year-2018 Thana- PUNPUN District- Patna ====================================================== SAMMI MANJHI @ SUMMI MANJHI @ SHAMBHU MANJHI Son of Nanhak Manjhi Resident of Village- Akauna (Pakauli), P.O. and P.S.- Punpun, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun Kumar, Adv.
For the Opposite Party/s :
Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 25-08-2021 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Ms. Shaheen Begum, learned A.P.P. for the State.
This is the second attempt of the petitioner to obtain bail in connection with Punpun P.S. Case No.215/2018 registered for the offences punishable under Sections 341, 323 and 302 of the Indian Penal Code.
The allegation against the petitioner is that in course of a quarrel among the children the wife of the informant went there, this petitioner pushed her because of which she fell down and got injury on her forehead which ultimately proved fatal and
Patna High Court CR. MISC. No.23519 of 2021(3) dt.25-08-2021 2/3 she died.
Taking note of the kind of submissions made on behalf of the petitioner and considering the submissions of learned APP for the State at the relevant time his prayer for bail was rejected vide order dated 07.01.2020 with an observation that the petitioner may renew his prayer for bail after a reasonable time. This Court observed that the trial be expedited. Now the learned trial court's report has been received and it appears that though the case has been committed in the court of Session on 03.02.2020, out of 7 charg-sheet witnesses only one has been examined because of the intervening circumstances i.e. the pandemic situation.
The expected time for conclusion of the trial will be six months after normalcy takes place.
Learned APP for the State has though opposed the prayer for bail of the petitioner but considering the kind of submissions recorded in the previous order and then liberty grant to the petitioner, at this stage the petitioner having completed about two years and five months of custody, this Court directs release of the petitioner on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.23519 of 2021(3) dt.25-08-2021 3/3 learned Additional District Judge, Masaurhi, Patna in connection with Punpun P.S. Case No.215/2018, subject to the condition as laid down under Section 437 (3) Cr.P.C. 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. (Rajeev Ranjan Prasad, J) arvind/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.