Satendra Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34576 of 2019 Arising Out of PS. Case No.-74 Year-2018 Thana- SIRDALA District- Nawada ====================================================== SATENDRA MANJHI Son of Ram Sahay Manjhi Resident of Village Nemdhaura, P.S. Sirdala, District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 31-07-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in S.Tr. No. 95/2019, arising out of Sirdala P.S. Case No. 74/2018, instituted for offences under Sections 147, 148, 341, 323, 307 and 379 of the Indian Penal Code.

Earlier prayer for bail of petitioner was rejected by this Court vide order dated 26.10.2018 passed in Cr. Misc. No. 50871/2018 with liberty to renew prayer for bail after six months in the event no substantive progress is made in trial. In the written report, there is allegation against the petitioner of assaulting the informant with sword on his head. It is further alleged that co-accused Jalendra Manjhi assaulted the informant with Garasa on his head.

Patna High Court CR. MISC. No.34576 of 2019(4) dt.31-07-2019 2/3 The doctor has found two injuries on the head of informant which is opined to be grievous.

Report from the court below regarding stage of trial has been received from which it appears that after framing of charge on 22.04.2019, not a single witness has been examined till date.

From the report of court below it appears that no any substantial progress is made in the case.

Petitioner is in custody since 30.06.2018.

There is no likelihood of conclusion of trial within short time.

Therefore, keeping in view the period spent by petitioner in custody and no likelihood of trial being concluded within short period, prayer of the petitioner for grant of bail is 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 Addl. Sessions Judge VIIth, Nawada, in connection with S.Tr. No. 95/2019, arising out of Sirdala P.S. Case No. 74/2018, subject to the conditions that (I) both the bailors shall be the close relative of the petitioner.

Patna High Court CR. MISC. No.34576 of 2019(4) dt.31-07-2019 3/3 (II) Petitioner shall be present on each and every date fixed by the court and absence on two consecutive dates without valid reason will result in cancellation of bail bond of the petitioner and (III) if petitioner tamper with the evidence in the case, prosecution will be at liberty to move for cancellation of bail bond of the petitioner.

(Sanjay Priya, J) rakhi/- U T