Shera Kumar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30280 of 2020 Arising Out of PS. Case No.-1488 Year-2019 Thana- NAWADA District- Nawada ====================================================== SHERA KUMAR MANJHI S/o Siyasaran Manjhi Resident of VillageMirjapur (Mushari), Police Station-Nawada, District-Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Ranjan, Adv.

For the Opposite Party/s :

Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-11-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Ms. Anita Kumari Singh, the learned APP for the State.

The petitioner seeks regular bail in connection with Nawada P.S. Case No. 1488 of 2019, registered for the offence punishable under Sections 395 and 397 of the Indian Penal Code. The allegation is regarding unknown accused

Patna High Court CR. MISC. No.30280 of 2020(2) dt.24-11-2020 2/3 persons having intercepted the informant in the night of 30.12.2019 at about 12:30 hours near the railway crossing, whereafter they had assaulted the informant and snatched a sum of Rs. 40,000/- and two mobile phones as also had taken away his gold chain.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 04.01.2020. The learned counsel for the petitioner has submitted that neither any recovery of the looted articles has been made from the petitioner nor any Test Identification Parade has been held so as to connect the petitioner with the alleged crime.

Per contra, the learned APP has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the leaned counsel for the petitioner and taking into account the fact that the petitioner is having a

Patna High Court CR. MISC. No.30280 of 2020(2) dt.24-11-2020 3/3 clean antecedent and moreover, no Test Identification Parade has been held so as to connect the petitioner with the alleged crime, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Nawada P.S. Case No. 1488 of 2019.

(Mohit Kumar Shah, J) Ajay/- U T