Patna High CourtCR. MISC./36061/2022bail granted

Shivan Manjhi v. The State Of Bihar

2022-10-12Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36061 of 2022 Arising Out of PS. Case No.-693 Year-2017 Thana- BODHGAYA District- Gaya ====================================================== SHIVAN MANJHI S/o Jagan Manjhi Resident of Village - EStalin Nagar, P.S.- Bodhgaya, (Cherki), District - Gaya.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sudhir Kumar Sinha For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 12-10-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of regular bail arises out of Bodh Gaya P.S. Case No. 693 of 2017, registered for the offence punishable under Sections 147, 149, 341, 323, 488, 379, 307, 504 and 506 of the Indian Penal Code and later on Section 302 of the Code was also added.

The petitioner's prayer for bail was earlier rejected by an order dated 06.10.2018 passed in Cr. Misc. No. 61906 of 2018. The petitioner has renewed his prayer for bail during the pendency of trial by making this application. Learned counsel appearing on behalf of the petitioner has submitted that the petitioner is in custody since 08.03.2018 and till date, the trial has not concluded as prosecution's

Patna High Court CR. MISC. No.36061 of 2022(5) dt.12-10-2022 2/2 witnesses are yet to be examined. It has also been submitted that the other persons, named in the First Information Report, have been directed to be released on bail.

By an order dated 10.08.2022, a report was called for from the court below as regards present stage of the trial. However, no report is available on record.

Considering the circumstance that during the pendency of investigation and trial, the petitioner has remained in custody for more than four and a half years, a case is made out for directing release of the petitioner on bail. This application is accordingly allowed.

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 Sessions Judge-XV, Gaya, in Bodh Gaya P.S. Case No. 693 of 2017.

(Chakradhari Sharan Singh, J) Pawan/- U T