Manoj Hansda v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78609 of 2018 Arising Out of PS. Case No.-169 Year-2013 Thana- KHAIRA District- Jamui ====================================================== Manoj Hansda S/o Mangaru Hansda, Resident of Village- Chilka Khad, P.S. Sono Charka Pathar, District- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Sri Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Khaira P.S. Case No. 169 of 2013 registered for the offence punishable under Sections 147, 148, 149, 353, 326, 307, 302 of the Indian Penal Code and 27 of Arms Act and Section 16/17/18/19/20/21/22 of U.A.P. Act.

Allegation against petitioner is that he alongwith other members of Naxalite exploded the under constructed building near Barasi More. It is further alleged by the informant who is Officer in-charge of Khaira Camp, that when he reached the place of occurrence alongwith police personnel, the accused persons started firing on the police party due to which one

Patna High Court Cr.Misc. No.78609 of 2018(2) dt.29-01-2019 2/3 police man was killed.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. He was not seen at the place of occurrence nor any incriminating article has been recovered from his possession. It has been further submitted that similarly placed co-accused persons, namely, Suma Rana, Ravi Yadav and Savita Marandi have been granted bail by this Hon'ble Court vide order dated 03.03.2015 passed in Cr. Misc. No. 48960 of 2014, Cr. Misc. No. 49195 of 2014 and Cr. Misc. No. 49761 of 2014. Petitioner is in custody since 06.01.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui, in connection with Khaira P.S. Case No. 169 of 2013 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

Patna High Court Cr.Misc. No.78609 of 2018(2) dt.29-01-2019 3/3

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T