Sunil Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48696 of 2021 Arising Out of PS. Case No.-203 Year-2015 Thana- PUNPUN District- Patna ====================================================== SUNIL MANJHI Son of Gulab Manjhi Resident of Village - Bauk, P.S.- Punpun, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bachan Jee Ojha, Advocate Mr. Sheo Nandan Pandit, Advocate For the Opposite Party/s :

Mr.Ram Priya Sharan Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-04-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the State. Petitioner seeks regular bail in connection with Sessions Trial No. 32/2018 arising out of Punpun P.S. Case No.203/2015 registered for the offences punishable under Sections 302/34 of the Indian Penal Code 1860. This is second attempt for grant of regular bail on behalf of the petitioner inasmuch as earlier the bail application of the petitioner was rejected by a co-ordinate Bench of this Court vide order dated 18.7.2019 passed in Cr. Misc. 33310 of 2019 with liberty to renew his prayer for grant of regular bail after nine months, and the court below was directed to expedite the trial and make efforts to conclude the same as early as

Patna High Court CR. MISC. No.48696 of 2021(3) dt.28-04-2022 2/3 possible preferably within a period of nine months. The allegation, as per the First Information Report, is that the niece of the informant was married with the petitioner and she was killed in her matrimonial home by the petitioner and other family members by administering poison and pressing her neck.

Learned counsel for the petitioner submits that the petitioner is in custody since 12.07.2017 i.e. for more than four years nine months.

This Court vide order dated 21.3.2022 had called for a report from the trial court regarding stage of trial and in pursuance thereof, the report of learned Additional Sessions Judge, Masaurhi, dated 28.03.2020, is on record and from perusal of the same, it appears that out of eight charge sheet witnesses, none has been examined and the case is fixed for recording of prosecution evidence on 8.4.2022. Regards being had to the submission made by the parties and taking into consideration the period of custody of the petitioner since 12.7.2017 and tardy progress of the trial, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/-

Patna High Court CR. MISC. No.48696 of 2021(3) dt.28-04-2022 3/3 (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J., Masaurhi, in connection with Sessions Trial No. 32/2018 arising out of Punpun P.S. Case No. 203 of 2015 subject to the condition that the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.

(Anil Kumar Sinha, J) S.Ali/- U T