Tikar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27987 of 2021 Arising Out of PS. Case No.-141 Year-2014 Thana- TEKARI District- Gaya ====================================================== TIKAR MANJHI, S/O LATE KRIT MANJHI R/o village- Guljana, P.S.- Tekari, District- Gaya ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-01-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, through Video Conferencing.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with Tekari P.S. Case No. 141 of 2014, registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code. According to prosecution case, the informant was beating his wife and the husband of the informant sat in Aangan and she was in a room with her son, during this period one Barat was crossing with loud music near the house of the informant as a result she could not listen that what was happening in her Aangan. After

Patna High Court CR. MISC. No.27987 of 2021(3) dt.27-01-2022 2/3 some time, when she came back in her Aangan she did not find her husband there, she searched outside the house, by the side of road, she saw her husband lying on the road, his head got burst and oozing blood. Her husband made her known that when Tikar Manjhi was beating her wife he tried to pacity the matter whereupon Tikar Manjhi assaulted him on his head with Tangi as a result, he sustained head injury. Thereafter, informant reserved an auto and went to hospital for treatment of her husband but durign treatment, her husband died.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that there is no eye witness of alleged occurrence and only on the basis of suspicion, the petitioner has been implicated in the present case. He further submits that the police after investigation submitted the chargesheet against the petitioner and the petitioner is in custody since 02.07.2020. The learned Additional Public Prosecutor opposed the prayer of bail.

Considering the aforesaid facts and circumstances as well as period of custody, 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 the

Patna High Court CR. MISC. No.27987 of 2021(3) dt.27-01-2022 3/3 learned Judicial Magistrate, Ist Class, Gaya, in connection with Tekari P.S. Case No. 141 of 2014, 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 shall remain physically present as directed 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. 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.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) sanjeev/- U T