Patna High CourtCR. MISC./36042/2017bail granted

Bhikhari Manjhi v. The State Of Bihar

2017-08-23Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36042 of 2017 Arising Out of PS.Case No. -90 Year- 2007 Thana -BELSAND District- SITAMARHI ======================================================

1. Bhikhari Manjhi, S/o Late Etvari Manjhi, R/o Village- Jafarpur, P.S.- Belsand, District- Sitamarhi.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Virendra Kumar, Advocate For the Opposite Party/s : Mr. Sri Akshay Lal Pandit (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-08-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner wants to renew the prayer of bail, which was earlier rejected vide order dated 05.11.2015 passed in Cr. Misc. 31872 of 2015, on the ground that the petitioner is suffering in custody since 30.08.2014 having no criminal antecedent and there is no eye-witness of the occurrence, only on suspicion the petitioner has been implicated. The trial has not been concluded within eight months and up till now only three prosecution witnesses have been examined. The petitioner was given liberty to renew his prayer for bail and, as such, the petitioner deserves sympathetic consideration. The learned A.P.P. fairly submit that the petitioner

Patna High Court Cr.Misc. No.36042 of 2017 (3) dt.23-08-2017 2/2 was given liberty to renew his prayer for bail In the facts and circumstances stated above, the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of the learned A.D.J. I, Sitamarhi, in connection with Belsand P.S. Case No. 90 of 2007 (S.Tr. No. 113 of 2016), subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J.) Rajiv/- U T