Heera Lal Murmu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31103 of 2020 Arising Out of PS. Case No.-59 Year-2018 Thana- CHANDRAMANDI District- Jamui ============================================== HEERA LAL MURMU Son of Laxman Murmu Resident of Village - Salaiya, P.S.- Chandramandih, District - Jamui.

... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ============================================== Appearance :

For the Petitioner/s :

Mr.Akhauri Kamal Kishore Sahay For the Opposite Party/s :

Mr. APP ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 25-01-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Chandramandih P.S. Case No. 59 of 2018 instituted for the offences under Sections 302, 201, 120B, 427/34 of the Indian Penal Code and Sections 16, 17, 18, 18, 20, 21 and 22 of the U.A.P. Act.

Learned counsel for the petitioner submits that he has been made accused in another case after he was made

Patna High Court CR. MISC. No.31103 of 2020(2) dt.25-01-2021 2/3 accused in the present case. A dead body of a person was found lying in the jungle and on the presumption that the murder has been committed by naxalites, forty five persons have been named in the F.I.R. including the petitioner. There is no specific accusation against the petitioner. While the petitioner was under treatment in the clinic of a local doctor, he was picked up by the police.

He is in custody since 01.02.2020. Several other persons, similarly situated, have been granted by different Benches of this Court.

Considering the afore-stated facts, he is directed to be released 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 Additional Chief Judicial Magistrate -IV, Jamui, in connection with Chandramandih P.S. Case No. 59 of 2018.

However, it is made clear that the petitioner shall participate in the trial, if the case goes to trial and his absence from trial proceedings on two consecutive occasions without seeking prior permission of the Trial Court would

Patna High Court CR. MISC. No.31103 of 2020(2) dt.25-01-2021 3/3 render the bail granted to the petitioner liable to be cancelled.

(Ashutosh Kumar, J) sunilkumar/- U T