Indel Manjhi @ Indal Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24777 of 2019 Arising Out of PS. Case No.-57 Year-2018 Thana- RASULPUR District- Saran ====================================================== INDEL MANJHI @ INDAL MANJHI, son of Lakshman Manjhi @ Laxmian Manjhi, Resident of Village - Sarchi Jai Prakash Nagar, P.S.- Duraudha, District - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Harish Kumar, Advocate For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 08-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Rasulpur P.S. Case No.57 of 2018 instituted for the offence under Section(s) 324, 447, 307, 504/34 Indian Penal Code.

Prayer of the petitioner for bail was earlier rejected by this Court by order dated 24.09.2018 passed in Cr. Misc. No.41709 of 2018 with liberty to renew the prayer after six months in the event no substantive progress is made in trial. Allegation against petitioner is of causing stab injury to the informant in his chest and abdomen.

Case Diary has been received, wherein, injury report is available. The doctor has found injuries to be caused by sharp penetrating weapon and the same were grievous in nature. A report has been received from the Court below

Patna High Court CR. MISC. No.24777 of 2019(3) dt.08-05-2019 2/2 about present stage of trial. From the report, it appears that case is pending for framing of Charge.

In this manner, from the report of the Court below, it appears that even charge has not yet been framed. The petitioner has remained in jail for about one year. There is no seriousness on the part of the Court below to expedite trial of the petitioner. 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 Additional Chief Judicial Magistrate, 10th, Saran at Chapra, in connection with Rasulpur P.S. Case No.57 of 2018, 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. Let this order be communicated to the trial Court. (Sanjay Priya, J) J.