Patna High CourtCR. MISC./24678/2016bail granted

Brich Manjhi @ Briksh Manjhi v. The State Of Bihar

2016-07-21Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.24678 of 2016 (3) dt.21-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24678 of 2016 Arising Out of PS.Case No. -392 Year- 2015 Thana -FATEHPUR District- GAYA ======================================================

1. Brich Manjhi @ Briksh Manjhi Son of Late Prayag Manjhi Resident of village- Regaini, P.S.- Fatehpur, District- Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar, Adv. For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 21-07-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 02.12.2015 in connection with Fatehpur P.S. Case No. 392 of 2015 for the offences alleged under Sections 302, 201/34 of the Indian Penal Code and 3(2)(v) SC/St Act.

3. It is submitted that the petitioner has been falsely implicated on mere suspicion and there is no accusation of any overt act against the petitioner except that he was seen with the deceased on the previous night. It is submitted that according to the F.I.R. itself it was co-accused Manoj Yadav who had a dispute with the deceased and had issued a threat to teach the deceased a lesson within 15 days. No specific material could also be pointed out by learned A.P.P. against the petitioner and most of the

Patna High Court Cr.Misc. No.24678 of 2016 (3) dt.21-07-2016 witnesses have named co-accused Manoj Yadav as responsible for the occurrence.

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Xth, Gaya, in connection with Fatehpur P.S. Case No. 392 of 2015, with additional condition that the petitioner shall remain physically present on each and every date during trial and in the event of failure on two consecutive dates, his bail bond shall be liable to be cancelled by the learned Court concerned and one of the bailors will be the close relatives of the petitioner.

(Vikash Jain, J) Md. Ibrarul/- U T