Prem Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18118 of 2025 Arising Out of PS. Case No.-74 Year-2010 Thana- AMNAUR District- Saran ====================================================== Prem Manjhi S/o Late Ramdeo Manjhi Resident of Village- Sultanpur, P.SDerni, District- Saran At Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s :
Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 19-03-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Amnour P.S. Case No. 74 of 2010 dated 29.08.2010, instituted for the offence punishable under Sections 147, 148, 149, 427, 436, 447, 379, 386 of the Indian Penal Code and Section 17 of C.L.A. Act.
3. This is the second attempt for bail. Earlier, prayer of the petitioner for grant of bail was refused by this Court vide order dated 22.01.2025 passed in Criminal Miscellaneous No. 81493 of 2024.
4. The prosecution case, in short, is that on 29.08.2010 at around 02:00 am about 30 to 40 armed persons attacked the camp (Sonaho Plant BSRDC constructing SH-73)
2/4 and the accused persons tied hands of all the employees of the concerned corporation who were engaged in construction of State Road and took away mobile phone and Rs. 11,160/-. It is further stated that accused persons were armed with illegal weapons and claimed themselves to be Maoist. The accused persons while claiming themselves to be Maoist ordered the informant and other employees to close the work and thereafter set on fire five parked vehicles. The accused persons thereafter, reiterated their demand of 2% levy amount in respect of on going construction work.
5. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that petitioner is not named in the F.I.R. It is further stated that no incriminating article was recovered from the conscious possession of the petitioner. Learned counsel further submitted that the petitioner was remanded from Amnour P.S. Case No. 01 of 2014 in this case on 01.07.2024. Lastly, it has been submitted that the petitioner is in custody since 01.07.2024, he has five criminal cases against him and charge-sheet has been submitted in the case.
6. Learned A.P.P. vehemently opposed the prayer for bail of the petitioner.
3/4
7. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge- VIth Saran at Chapra in Amnour P.S. Case No. 74 of 2010, subject to 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 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.
3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.
4. 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.
5. The petitioner shall appear before the Police Station
4/4 of his local area in the first week of each month till the disposal of the present case.
(Khatim Reza, J) sankalp/- U T