Prakash Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44457 of 2024 Arising Out of PS. Case No.-33 Year-2010 Thana- KHARHAGPUR District- Munger ====================================================== Prakash Manjhi S/o Late Moti Manjhi R/o Village-Koilo, P.S.-Laraiyatand, District-Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravish Mishra For the Opposite Party/s :

Mr. Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 19-07-2024 Heard the learned counsel for the petitioner and learned APP for the State.

2. This is the second attempt of the petitioner for grant of regular bail as earlier the bail application of the petitioner was rejected vide order dated 17.10.2023 passed in Cr. Misc. No. 67136 of 2023 and the same is quoted under:- Heard the learned counsel for the petitioner and learned counsel for the State.

2. The petitioner seeks bail in connection with S.T. No. 211 of 2022 arising out of Kharagpur P.S. Case No.33 of 2010 registered for the offence under Sections 121(A)/122 of the Indian Penal Code, Section 25(1-A), 26(i)(ii)/35 of the Arms Act, Section 3, 4, 5 of the Explosive Substance Act, Section 17 of the CLA and Section 13 of the U.A.P. Act.

3. As per the prosecution case, on 02.02.20210 at about 5 PM, a joint search operation was conducted on information about some Maoist activities. The police party reached the place of occurrence near village Kandani in a dense forest

Patna High Court CR. MISC. No.44457 of 2024(2) dt.19-07-2024 2/2 area, and on search, huge amount of illegal fire arms including RDX kept in various bags, other explosive articles, electronic detonators, hand grenades, wireless sets, printer, scanner and literature related to Naxalies activities were recovered. The petitioner is named as accused in the F.I.R. and he is also accused in another case. The case is of the year 2010 and the petitioner is in custody since 11.05.2022. It appears that the petitioner was an absconder in a case of 2010.

4. Learned counsel for the petitioner submits that the petitioner is quite innocent and has falsely been implicated in the case.

5. Learned A.P.P. has vehemently opposed the prayer for bail.

6. Considering the fact that the petitioner is an absconder, therefore, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, the prayer of bail of the petitioner is rejected herewith.

8. The trial Court is directed to conclude the trial against the petitioner at the earliest.

3. Upon perusal of the earlier order and upon perusal of the materials available on record, this Court is not inclined to grant bail to the petitioner.

4. Accordingly, this application is dismissed.

5. The trial is directed to be expedited.

(Sandeep Kumar, J) Vikas/- U T