Sikandar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43871 of 2016 Arising Out of PS.Case No. -394 Year- 2016 Thana -LAKHISARAI District- LAKHISARAI ======================================================

1. Sikandar Manjhim Son of Late Ram Khelawan Manjhi resident of Village- Punjabi Muhalla, P.S.+District- Lakhisarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ambika Bhagat, Adv. For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, Adv. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 04-10-2016 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Sikandar Manjhi, in connection with Lakhisarai P.S. Case No.394 of 2016, under Sections 272 and 273 of the Indian Penal Code and Sections 47(A), 49, 48(2), 50(d), 54 and 57 of Bihar Excise Amendment Act, 2016. Perused the above application and materials on record.

Heard Mr. Ambika Bhagat, learned Counsel for the petitioner, and Mr. Kumar Ranjit Ranjan, learned Additional Public Prosecutor, appearing on behalf of the State. In view of the fact that the accused above-named

Patna High Court Cr.Misc. No.43871 of 2016 (2) dt.04-10-2016 2/3 has been in custody since 21.07.2016 in connection with the case aforementioned and though charge sheet has been submitted, trial has not yet commenced, similarly situated co-accused has been granted bail by a Bench of this Court by the order, dated 09.09.2016, passed in Cr. Misc. No.37568 of 2016, and perusal of the materials available does not reveal such incriminating materials, which would warrant further detention of the accusedpetitioner in custody, and in view also of the fact that the perusal of the materials does not reveal that the accused-petitioner's liberty on bail would adversely affect his trial, it is, in the interest of justice, hereby directed that the accused above-named shall be released on bail of Rs. 10,000/- with two sureties, each of the like amount, subject to the satisfaction of the learned Chief Judicial Magistrate, Lakhisarai, in connection with Lakhisarai P.S. Case No.394 of 2016.

This direction for bail is further subject to the condition that the accused above-named shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence and shall appear, in the learned Court

Patna High Court Cr.Misc. No.43871 of 2016 (2) dt.04-10-2016 3/3 below, as may be directed.

In terms of the above observations and directions, this bail application shall stand disposed of. (I.A. Ansari,CJ) K.C.jha/- U