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Patna High CourtCR. MISC./6254/2016rejected

Iswar Manjhi v. The State Of Bihar

2016-04-07Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6254 of 2016 Arising Out of PS.Case No. -100 Year- 1993 Thana -KRITYANAND NAGAR District- PURNIA ====================================================== Iswar Manjhi, Son of Late Mandal Manjhi, resident of Village- Ali Nagar, Santhal Tola, Police Station- K. Nagar in the district of Purnea. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Vijay Kumar, Advocate.

For the Opposite Party : Mr. Sanjay Kr. Sharma, (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 07-04-2016 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Suppl. K. Nagar P.S. Case No. 100 of 1993, registered for the offences punishable under Sections 147, 148, 149, 447, 109, 302, 379 and 436 of the Indian Penal Code and under Section 27 of the Arms Act.

Allegedly on 14.05.1993 at about 03:30 P.M. 250-300 persons including the petitioner set the house of the informant on fire and committed murder of Md. Sadrul.

Submission is of false implication and that there is no specific allegation of committing any overt act against the petitioner, he is very poor and old aged man of 70 years, he had no

Patna High Court Cr.Misc. No.6254 of 2016 (3) dt.07-04-2016 2/2 knowledge of this case prior to his arrest and as such he deserves sympathetic consideration to which the learned APP seriously opposes by submitting that charge sheet was submitted in the year 2006 showing the petitioner absconder and he remained absconding since long but anyhow he has been arrested. In the facts and circumstances stated above considering the period of abscondance at present, I am not inclined to enlarge the petitioner on bail in connection with Suppl. K. Nagar P.S. Case No. 100 of 1993, pending in the court of the learned Chief Judicial Magistrate, Purnea. Accordingly, such prayer for bail stands rejected.

However, the petitioner may renew his prayer for bail after framing of charge.

(Jitendra Mohan Sharma, J.) KKSINHA/- U T