Lakshman Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 14663 of 2019 Arising Out of P.S. Case No.-324 Year-2018 Thana- BAHADURPUR District- Patna ====================================================== LAKSHMAN MANJHI, Male, aged about 29 years, Son of Vakil Manjhi Resident of Village - Bahadurpur Mushahari Road No.13, P.S.- Bahadurpur, District - Patna, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No-2, Advocate For the Opposite Party/s :

Mr.Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 12-03-2019 Heard the learned counsel for the petitioner and learned counsel appearing on behalf of the State. Petitioner is languishing in judicial custody since 03.11.2018 in connection with Bahadurpur P.S.Case No.324 of 2018 for the offence alleged under Sections 341, 323, 364, 504 and 34 of the Indian Penal Code.

The prosecution case as lodged by the informant is that while he along with his associate was on morning walk, some 5-6 unknown persons took them in the motorcycle and scooty in Mushari colony and threatened them. It is alleged that they had some enmity with the hostel boys for which they were taken by those unknown co-accused.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal antecedent, no

Patna High Court CR. MISC. No. 14663 of 2019(2) dt.12-03-2019 2/2 such occurrence took place and his extra judicial confessional statement before the police has no evidentiary value in the eye of law. He submits that no overt-act has been alleged to have been committed and two of the co-accused, whose name also surfaced during course of investigation, have already been granted the privilege of bail by a coordinate Bench of this Court in Cr.Misc.No.6228 of 2019 dated 04.02.2019 However, learned APP for the State opposes the prayer for bail.

Considering the nature of allegations and the materials on record, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Bahadurpur P.S.Case No.324 of 2018 to the satisfaction of learned Additional Chief Judicial Magistrate-II, Patna City at Patna, subject to the conditions that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

B.Kr./- (Nilu Agrawal, J) U T