Patna High CourtCR. MISC./37599/2014bail granted

Bishun Manjhi v. The State Of Bihar

2015-01-29Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37599 of 2014 Arising Out of PS.Case No. -54 Year- 2007 Thana -SIRDALA District- NAWADA ====================================================== Bishun Manjhi S/o Munarik Manjhi, resident of village- Pawai, P.S.- Meskour, District- Nawada .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sheo Kumar Prasad For the Opposite Party/s : Mr. Raj Kishore Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 29-01-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is named in the first information report with accusation that he, as well as two FIR named accused, took the deceased and after that, the dead body of the deceased was recovered.

The contention on behalf of the petitioner is that the FIR named accused Munirak Manjhi and Lakhan Manjhi faced trial in Sessions Trial No. 132 of 2008/252 of 2012 and after fullfledged trial, they were acquitted by learned Ad hoc Additional Sessions Judge-II, , Nawada vide judgment dated 28-02-2014. It is further contended by him that the petitioner is a labourer and as a matter of fact, he had gone outside the State in connection with his

Patna High Court Cr.Misc. No.37599 of 2014 (3) dt.29-01-2015 livelihood and that was the reason, he could not face trial along with the aforesaid co-accused.

Considering the aforesaid facts and circumstances as well as submission of the parties, let the petitioner, named above, be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Sirdala (Meskaur) P.S. Case No. 54 of 2007 corresponding to Sessions Trial No. 250 of 2013/178 of 2013 to the satisfaction of Ad hoc Additional District & Sessions Judge-IInd, Nawada subject to condition that the petitioner shall attend the trial court on each and every date, in person, for a period of four months or till conclusion of his trial, whichever is earlier and if, he fails to do so on three consecutive dates without any reasonable cause, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner.

(Hemant Kumar Srivastava, J) A.K.V./- U T