Laxman Manjhi @ Abhayji v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19481 of 2023 Arising Out of PS. Case No.-50 Year-2007 Thana- RIGA District- Sitamarhi ====================================================== 1.

Laxman Manjhi @ Abhayji Son Of Late Munilal Manjhi Resident Of Village - Aura Malikana, Ward No. - 7, P.S. - Tariyani, Distt. - Sheohar. 2.

Bharat Manjhi Son Of Late Munilal Manjhi Resident Of Village - Aura Malikana, Ward No. - 7, P.S. - Tariyani, Distt. - Sheohar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Prasad Singh For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek regular bail in connection with Riga P.S. Case No. 50 of 2007 registered for the offence under Sections 147, 148, 149, 302, 307, 324, 395, 427 of the IPC, 3/4 of the Explosive Substance Act, Section 17 of the C.L.A. Act and Section 27 of Arms Act.

As per prosecution case, the informant alleged that several Maoists were creating hindrance by making firing and exploded several bombs with intention to commit loot in Central Bank of India, Riga. During course of this incident, one Sap constable, namely, Madan Lal Parasad was killed.

Patna High Court CR. MISC. No.19481 of 2023(2) dt.19-05-2023 2/3 Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. The petitioners have falsely been implicated in this case on the basis of confession statement of co-accused namely, Devendra Sahni @Ratnakar Ji who has already been granted bail by a coordinate Bench of this Court vide order dated 4.5.2016 passed in Cr. Misc. No. 47915 of 2015, hence the case of these petitioners stands on similar footing of that of co-accused. During course of investigation, no any cogent material has come against the petitioners to show his complicity in the alleged offence. It is further submitted that the petitioners are languishing in judicial custody since 7.9.2022.

Learned APP appearing for the state has opposed the prayer of regular bail and submitted that both petitioners have two criminal antecedents.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Riga P.S. Case No. 50 of 2007 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.19481 of 2023(2) dt.19-05-2023 3/3 learned Additional Chief Judicial Magistrate-VI, Sitamarhi. (Sunil Kumar Panwar, J) Amandeep/- U T