Prabhat Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23779 of 2020 Arising Out of PS. Case No.-312 Year-2019 Thana- TARAIYA District- Saran ====================================================== PRABHAT MANJHI Son of Late Chathu Manjhi Resident of Village-Taraiya, P.S.-Taraiya, District-Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-09-2020 Heard Mr. Mukesh Kumar Singh, learned counsel for the petitioner and Mr. Brajendra Nath Pandey, Additional Public Prosecutor for the state through video conferencing.

2. Petitioner seeks regular bail in connection with Taraiyan PS Case No. 312/2019 registered for the offence punishable under Sections 25(1-b)a/26/ 35 of the Arms Act. .

3. The allegation against the petitioner as per First Information Report is that a country made pistol along with two cartridges have been recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case with oblique motive due to village politics. Learned counsel submits that after the petitioner was arrested in this case, he was remanded in another case bearing Isuapur PS Case No. 166/2019 under

Patna High Court CR. MISC. No.23779 of 2020(2) dt.16-09-2020 2/3 Sections 399, 402 of the IPC and 25 of the Arms Act. Learned counsel further submits that petitioner has been granted bail by this Court in connection with Isuapur PS Case No. 166/2019 in Cr. Misc. No. 22138/2020.

5. Learned counsel further submits that petitioner is in custody since 19.10.2019 and the charge-sheet has already been submitted in the present case.

6. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner is in custody since 19.10.2019, I am inclined to grant regular bail to the petitioner subject to the condition that petitioner will be well represented on each and every date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.

7. Accordingly, let the petitioner, PRABHAT MANJHI be released on bail, if he is not required in any other case, on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1, Saran at Chapra in connection with Taraiyan PS Case No. 312/2019.

8. It is made clear that at the time of furnishing bail

Patna High Court CR. MISC. No.23779 of 2020(2) dt.16-09-2020 3/3 bonds all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J) perwez U T