Prabhat Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29821 of 2017 Arising Out of PS.Case No. -327 Year- 2016 Thana -GARKHA District- SARAN ====================================================== Prabhat Manjhi, son of Late Chhathu Manjhi, resident of VillageTaraiyan, P.S. Taraiyan, District- Saran. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s : Smt. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-07-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Garkha P.S.Case No. 327 of 2016, corresponding to Sessions Trial No. 157 of 2017, registered for the offences punishable under Sections 395 and 397 of the Indian Penal Code. Petitioner is not named in the FIR and it appears from perusal of impugned order that petitioner has confessed his guilt before police and he has been named by other co-accused person. It has been submitted on behalf of the petitioner that confession before police has no value and petitioner is in custody for more than eight months and co-accused has been granted bail by a co-ordinate Bench of this Court in Cr.Misc.No. 4078 of 2017, vide order dated 20.2.2017.

Heard learned APP also.

Having heard both sides and considering the aforesaid facts and circumstances, let the petitioner, named above, be

Patna High Court Cr.Misc. No.29821 of 2017 (3) dt.21-07-2017 2/2 released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-X, Saran, Chapra, in connection with Sessions Trial No. 157 of 2017, arising out of Garkha P.S.Case No. 327 of 2016, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of his bail.

(iv) If petitioner has been made accused in such type of cases in future, his bail bond shall be cancelled. (Vinod Kumar Sinha, J) spal/- U