Patna High CourtCR. MISC./23199/2018bail granted

Binod Manjhi @ Vinod Manjhi v. The State Of Bihar

2018-04-18Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23199 of 2018 Arising Out of PS. Case No.-52 Year-2016 Thana- PIPRA District- Patna ====================================================== Binod Manjhi @ Vinod Manjhi, son of Late Ram Karn Manjhi @ Ram Sharan Manjhi, resident of Village- Dihari Mushari, P.S.- Pipra, DistrictPatna. ... ... Petitioner

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Praveen Kumar, Adv.

For the Opposite Party/s :

Mr. S. Ehteshamuddin, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 18-04-2018 Heard Sri Praveen Kumar, learned counsel for the petitioner and Mr. S. Ehteshamuddin, learned Addl. Public Prosecutor.

This is second attempt for grant of bail on behalf of the petitioner. Earlier the prayer for bail of the petitioner was rejected on 19.09.2017 vide Cr.Misc.No.43014 of 2017. The petitioner is in custody since 17.06.2017 in Special Case no.1554/2017, arising out of Pipra P.S. Case No.52 of 2016 registered for the offence under Section 307 and other allied Sections of the Indian Penal Code and Section 61 of the Bihar Excise Amendment Act,2016.

Learned counsel for the petitioner submits that despite the fact that on merit there was no specific accusation save and except the the fact that the petitioner was only shown as a

Patna High Court Cr.Misc. No.23199 of 2018(2) dt.18-04-2018 2/2 member of mob carrying lathi, there is no overt act against him, but fact remains that no proper progress has taken place in the present case. He submits that number of F.I.R. named accused are still at large.

Learned Addl. Public Prosecutor has opposed the prayer for bail.

However, considering the fact that though the petitioner is in custody since long, no proper progress has taken place, there is no reason to further detain him . Accordingly, let the petitioner, namely,Binod Manjhi @ Vinod Manjhi be enlarged of bail on furnishing bail bod of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Special Case No.1554/2017.

(Rakesh Kumar, J) nawalkrs/- U T