Jairam Manjhi And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.45964 of 2017 (2) dt.20-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45964 of 2017 Arising Out of PS.Case No. -150 Year- 2017 Thana -ATRI District- GAYA ======================================================

1. Jairam Manjhi son of Mithlesh Manjhi

2. Anuj Manjhi son of Suresh Manjhi both resident of village Narawat Bhutoli, P.S. Atri, District - Gaya. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Arvind Kumar Singh For the Opposite Party/s : Mr. Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-09-2017 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in connection with Atri P.S. Case no. 150 of 2017 registered for the offence punishable under Sections 414, 420, 467 and 468/34 of the Indian Penal Code. As per prosecution case, accused persons including the petitioners were apprehended by the police along with stolen motorcycle and on the basis of confessional statement of Co-accused Lal Mohan Manjhi, some stolen motorcycles were recovered.

It is submitted by the learned counsel for the petitioners that the petitioners are neither named in the FIR nor

Patna High Court Cr.Misc. No.45964 of 2017 (2) dt.20-09-2017 any incriminating article has been recovered from his conscious physical possession. There is nothing on record indicating their complicity in the occurrence barring the confessional statement of co-accused Lal Mohan Manjhi which has no evidentiary value in the eye of law. The seizure list also does not bear the signature of the petitioners. The petitioners have been languishing in custody since 15.07.2017.

Considering the facts and circumstances of the case, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Gaya in connection with Atri P.S. Case No. 150 of 2017. (Prakash Chandra Jaiswal, J) rohit/- U T