Nanhki Manjhi @ Nanki Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27626 of 2019 Arising Out of PS. Case No.-97 Year-1999 Thana- MUSAHARI District- Muzaffarpur ====================================================== NANHKI MANJHI @ NANKI MANJHI, S/O Parsadi Manjhi, Resident of Village- Narauli, P.S.- Mushahari, District- Muzafarpur. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Alok Kumar Alok For the Opposite Party/s :
Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 6/ 08-08-2019 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in S. Trial No.289 of 2018 arising out of Mushahari P.S. Case No.97 of 1999 instituted for the offence under Section(s) 307 and other allied sections of Indian Penal Code.
It is a case of misuse of privilege of bail. Petitioner is in custody since 07.05.2018.
It is mentioned in the impugned order that bail bond of the petitioner was cancelled on 21.12.2013. The petitioner was declared absconder in the charge-sheet. Later on, he was granted bail by the Sessions Judge on 16.04.2009 and after doing pairvi on some date he remained absent since 26.07.2011 due to which his bail bond was cancelled.
Patna High Court CR. MISC. No.27626 of 2019(6) dt.08-08-2019 2/2 This Court feels that petitioner has sufficiently been punished for the laches committed by him.
In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. 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 Fast Track Court No.1, Muzaffarpur, in connection with S. Trial No.289 of 2018 arising out of Mushahari P.S. Case No.97 of 1999, subject to the condition that both the bailors shall be close relative of the petitioner.
Further, (i) the petitioner will remain present on each and every date of trial, (ii) His absence on two consecutive date(s) without any reasonable cause will make his bail bond liable to be cancelled, and (iii) the petitioner will not intimidate the witnesses in any way and will not hamper the trial. (Sanjay Priya, J) J. Alam/- U T