Chanarik Manjhi @ Chindrika Manjhi v. The State Of Bihar

Patna High Court CR. APP (SJ) No.3261 of 2017 (2) dt.23-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3261 of 2017 Arising Out of PS.Case No. -392 Year- 2015 Thana -FATEHPUR District- GAYA ======================================================

1. Chanarik Manjhi @ Chindrika Manjhi, S/o Late Puna Manjhi, Resident of Village- Vasua Masondhi Tand, P.S.- Fatehpur, District- Gaya. .... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Dharmendra Kumar Sinha For the Respondent/s : Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-11-2017 The appellant seeks regular bail in connection with Fatehpur P.S. Case No. 392 of 2015, registered for offences punishable under Sections 302, 201/34 of the Indian Penal Code, and Section 3(ii)(v) of SC/ST Act.

Allegation against the appellant and others is of killing the husband of the informant.

It has been submitted on behalf of the appellant that he has falsely been implicated in this case and the has no role to play in the murder of husband of informant. Further other accused person against, whom there was allegation that he took the deceased with himself, has already been enlarged by a coordinate Bench of this Court vide order dated 21.07.2016 passed in Cr. Misc. No. 24678 of 2016 and appellant has been in custody since 22.09.2017.

Heard learned A.P.P. also.

Having heard both sides, in view of the facts as stated

Patna High Court CR. APP (SJ) No.3261 of 2017 (2) dt.23-11-2017 above, this appeal is allowed and impugned order is set aside. Let the appellant above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, SC/ST, Gaya, in connection with Fatehpur P.S. Case No. 392 of 2015, subject to the following conditions:- (i) One of the bailors of the appellant shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The appellant will not induce any witness or tamper with the evidence.

(iii) The appellant shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T