Santosh Kumar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27671 of 2020 Arising Out of PS. Case No.-100 Year-2020 Thana- KADAMKUAN District- Patna ====================================================== SANTOSH KUMAR MANJHI Son of Kamla Manjhi Resident of VillageChanchaliya, P.S.- Taraiya, District- Saran (Chapra) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rekha Prasad, Advocate For the Opposite Party/s :

Mr. Additional Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-10-2020 Heard learned counsel for the petitioner and the State through Video Conferencing.

Petitioner seeks bail in a case registered for the offence punishable under Section 394 of Indian Penal Code. As per the prosecution case, on 27th February, 2020, at about 7 P.M., four miscreants entered into the house of the informant and looted articles on the point of pistol and assaulted the informant and his wife.

It is submitted by learned counsel for the petitioner that the petitioner is not named in F.I.R. and name of the petitioner has come on the basis of the confessional statement of co-accused Manoj Kumar Yadav. No incriminating article has been recovered from the possession of the petitioner. Petitioner is the driver of one of the flat owner of Flat No. 201 of the Apartment. Till date, petitioner has not been put on T.I.P. and he

Patna High Court CR. MISC. No.27671 of 2020(2) dt.20-10-2020 2/2 is in custody since 01.03.2020. Charge-sheet has already been submitted. It is stated by learned counsel for the petitioner in paragraph 3 of the bail petition that petitioner has got no criminal antecedent.

Considering the facts of the case, 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 learned Additional Chief Judicial Magistrate-XII, Patna in Kadamkuan Police Station Case No.100 of 2020 on 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 cancelled 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 move for cancellation of bail.

(Prabhat Kumar Singh, J) Ankit/- U T