Biro Manghi @ Biru Manghi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36191 of 2021 Arising Out of PS. Case No.-380 Year-2020 Thana- LAXMIPUR District- Jamui ====================================================== BIRO MANGHI @ BIRU MANGHI Son of Late Kesho Manjhi Resident of Village - Tardeh, P.S. - Laxmipur (Girdhaur), District - Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akshansh Ankit, Adv.

For the Opposite Party/s :

Mr. Bhanu Pratap Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-02-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Laxmipur (Gidhaur) P.S. Case No. 380 of 2020 registered for the offence under Sections 364, 302, 201/34 of the Indian Penal Code.

The petitioner and others are said to have committed murder of the husband of the informant. Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case merely on the basis of suspicion. He further submits that no specific allegation has been attributed to the petitioner as is evident

Patna High Court CR. MISC. No.36191 of 2021(4) dt.22-02-2022 2/3 from the F.I.R. itself. No cogent material has come against the petitioner during course of investigation. The police after investigation has submitted charge sheet against the petitioner in this case. The petitioner is rotting in judicial custody since 23.12.2020.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the, above named, petitioner 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 learned Judicial Magistrate-1st, Class, Jamui in connection with Laxmipur (Gidhaur) P.S. Case No. 380 of 2020/ G.R. No. 3043 of 2020 with the following conditions:-

(1) 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 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to

Patna High Court CR. MISC. No.36191 of 2021(4) dt.22-02-2022 3/3 move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U