Patna High CourtCR. MISC./23642/2019bail granted

Fantush Manjhi v. The State Of Bihar

2019-04-16Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23642 of 2019 Arising Out of PS. Case No.-8 Year-2019 Thana- CHAKAND District- Gaya ====================================================== FANTUSH MANJHI, aged 35 years (Male), Son of Rambali Manjhi @ Bali Manjhi Resident of Mohalla/Village-Mira Bigha, P.S-Chakand, District-Gaya. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Manendra Kumar Sinha, Advocate.

For the Opposite Party :

Mrs.Veena Kumari Jaiswal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-04-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 17.01.2019 in a case for the offence registered under Sections 341, 323, 307, 385, 504, 506 of the IPC, 27 of the Arms Act and 37(B) of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that the petitioner in drunken state, demanded ransom Rs. 1,00,000/- from the owner of the informant. The petitioner had also confined the informant and fired upon him which did not hit him.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet/prosecution report has been submitted in the present case. There is no allegation of tampering with the

Patna High Court CR. MISC. No.23642 of 2019(2) dt.16-04-2019 2/2 witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is alleged to have misbehaved with the informant in a drunken state. None is said to have been injured in course of occurrence. No breath analyser test has been conducted to ascertain whether the petitioner was in drunken state or not.

On behalf of the learned counsels for the State, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Gaya, in connection with Chankand P.S. Case No. 08/2019.

(Sudhir Singh, J) U.K./- U T