Madho Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26947 of 2021 Arising Out of PS. Case No.-378 Year-2019 Thana- LAXMIPUR District- Jamui ====================================================== MADHO MANJHI S/o- KALESHWAR MANJHI Resident of VillageKharahua, P.S.- Khaira, District- Jamui. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar Sinha For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-08-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 364/34 of the Indian Penal Code.

The prayer of petitioner for bail was earlier rejected by this court vide order dated 29.05.2020 passed in Cr. Misc. No. 2710 of 2020 (Annexure-1).

Learned counsel appearing for the petitioner submits that subsequently similarly situated co-accused Kaila Paswan having same and similar allegation has already been granted bail by a coordinate Bench of this court vide order dated 20.10.2020 passed in Cr. Misc. No. 18031 of 2020 (Annexure-3). Petitioner is in custody since 12.10.2019 and the case has already been committed to the Court of Sessions vide Sessions Trial No. 57 of 2020. Learned counsel appearing for the State opposes the

Patna High Court CR. MISC. No.26947 of 2021(2) dt.04-08-2021 2/2 prayer for bail.

Considering the facts of the case, the period of custody of the petitioner and the fact that similarly situated coaccused, Kaila Paswan, has already been granted bail by this court, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sessions Judge, Jamui in connection with S.T. No. 57/2020, arising out of Laxmipur PS case No. 378/2019 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/ her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) BKS/- U T