Nandu Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23211 of 2020 Arising Out of PS. Case No.-314 Year-2002 Thana- GHOSI District- Jehanabad ====================================================== Nandu Manjhi Son of Late Aklu Manjhi Resident of Village - Godhiha, P.S.- Hulasganj, Distt - Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar No1 For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

09-09-2020 Heard learned counsel for the parties through video conferencing.

This relates to grant of bail in Hulasganj P.S. Case No. 314 of 2002 registered for the offence under Sections 147, 148, 149, 341, 427 and 302 of the Indian Penal Code, Section 27 of the Arms Act, Section 17 of CLA Act and Section 3/4 of Explosive Substances Act.

As per prosecution case, on 29-11-2002, the son of informant and one Pintu Sharma (driver of the tractor) had gone to bring the sand. It is alleged that on hearing the sound of explosion, the informant and others reached near the bridge and saw that 40-50 extremists were dragging son of informant and driver towards bank of river and thereafter, fired on the son of informant and fled away.

Patna High Court CR. MISC. No.23211 of 2020(2) dt.09-09-2020 2/2 It is submitted on behalf of petitioner that petitioner is quiet innocent and only on suspicion, he has been implicated in this case. Petitioner has been dragged in this case without any rhyme and reason. Petitioner has committed no offence and he is in custody since 31-03-2018.

However, learned Addl. Public Prosecutor has vehemently opposed the bail application and submitted that after submission of chargesheet against this petitioner on 10-09-2003, cognizance was taken by the learned court below on 16-09-2003 and after that, this petitioner was declared absconder on 07-01-2011 and after lapse of seven years, the petitioner has been arresed.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. Accordingly, the bail application is rejected. (Prabhat Kumar Singh, J.) anay U T