Patna High CourtCR. MISC./47176/2018bail granted

Bale Manjhi And ANR v. The State Of Bihar

2018-08-10Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47176 of 2018 Arising Out of PS.Case No. -52 Year- 1998 Thana -WARSALIGANJ District- NAWADA ======================================================

1. Bale Manjhi,

2. Mahavir Manjhi Both S/o Late Prasadi Manjhi Village Makunpur, Harijan Toli, P.S. Warisaliganj, District Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Devendra Prasad Singh, Adv For the Opposite Party/s : Mr. Sri Umeshnand Pandit,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 10-08-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in a case registered for the offences punishable under Sections 341,323,324,307/34 of the Indian Penal Code.

This is a case of misuse of privilege of bail. The charges were framed in the trial in the year 1999. Thereafter, the petitioners absconded since 01.06.2010 and now he is in custody since 10.05.2018. The impugned order does not speak as to why the trial was not concluded for 10 years when the petitioners were appearing in this case. Submission is that the petitioners are poor labourers, they had gone to earn their livelihood, authorizing

Patna High Court Cr.Misc. No.47176 of 2018 (2) dt.10-08-2018 2/2 the Pairvikar to look after the case which was not done by him.

Considering the aforesaid material, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with S.Tr.No.269 of 1998/330 of 2016 arising out of Warisaliganj Police Station Case No.52 of 1998, subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the petitioners shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

If the trial would not progress in absence of the petitioners, the learned court below shall be at liberty to cancel their bail bond and conclude the trial after keeping them in custody.

(Birendra Kumar, J) Nitesh/- U T