Prabhat Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22138 of 2020 Arising Out of PS. Case No.-166 Year-2019 Thana- ISUAPUR District- Saran ====================================================== PRABHAT MANJHI Son of Late Chatthu Manjhi Resident of Village - Taraiya, P.S.- Taraiya, Distt.- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Singh For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-09-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State through Video Conferencing. The petitioner seeks bail in Isuapur P.S. Case No. 166 of 2019, registered for the offence punishable under Sections 399, 402, 414/34 of the Indian Penal Code and Section 25 (1-b) a, 26/35 Arms Act.

It is submitted on behalf of the petitioner that petitioner is innocent and has not committed any offence and has been falsely implicated in this case. It is further submitted that neither this petitioner was arrested at the spot nor anything has been recovered from his conscious possession. Petitioner's name has come in this case on the confessional statement of coaccused Ram Babu Rai, who was arrested on the spot. Save and except confessional statement of co-accused there is nothing

Patna High Court CR. MISC. No.22138 of 2020(3) dt.15-09-2020 2/2 against petitioner to connect him with the offence. Petitioner is in custody since 18.12.2019.

Considering the aforesaid facts, the petitioner abovenamed, is directed to be enlarged 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 learned Sub-Divisional Judicial Magistrate, Saran, Chapra in connection with Isuapur P.S. Case No. 166 of 2019, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) 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. (Prabhat Kumar Singh, J) SONALI/- U T