Ramesh Manjhi v. The State Of Bihar

Patna High Court Cr.Misc. No.21259 of 2018 (3) dt.26-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21259 of 2018 Arising Out of PS.Case No. -191 Year- 2017 Thana -BHANGWANPUR HAT District- SIWAN ====================================================== Ramesh Manjhi, son of Surendra Manjhi @ Suren Manjhi, Resident of Village- Durgauli, Police Station- Masrakh, District- Saran (Chapra). .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Ashok Kumar, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 26-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 22.12.2017 in connection with Bhagwanpur Hatt P.S. Case No. 191 of 2017 for the offences alleged under Section 379 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated in connection with stolen tractor merely because he happens to be sitting on the said tractor but was not driving the same. The petitioner claims clean antecedents except Masrakh P.S. Case No. 239 of 2017 instituted under Sections 413 and 414 of the Indian Penal Code relating to the same occurrence in connection with recovery of the tractor in which he has been granted bail in Cr. Misc. No. 56187 of 2017.

4. Be that as it may, 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-II,

Patna High Court Cr.Misc. No.21259 of 2018 (3) dt.26-04-2018 Siwan, in connection with Bhagwanpur Hatt P.S. Case No. 191 of 2017, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

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