Pappu Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40694 of 2019 Arising Out of PS. Case No.-96 Year-2019 Thana- WAJIRGANJ District- Gaya ====================================================== PAPPU MANJHI Son of Gora Manjhi Resident of Village - Mirganj Bhui Toli, P.S.- Wazirganj, District - Gaya ... Petitioner

Versus

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

For the Petitioner :

Mr.Ram Prawesh Kumar, Advocate For the State :

Mr.Sanjay Kumar Tiwary, Addl Public Prosecutor for the informant : Mr. A.K.Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-10-2019 Heard learned counsel for the parties and perused the case diary.

Petitioner is an accused in a case registered for the offence punishable under sections 302/307/504/34 and other allied sections of the Indian Penal Code on the allegation that the petitioner and other accused persons reached informant's house and assaulted to death his daughter and father on the suspicion that his father practices black magic. Learned counsel for the petitioner submits that there is general and omnibus allegation against the petitioner and the informant in his section 164 Cr.P.C. statement has not made any specific allegation against the petitioner nor named him as one of the assailants. Further, nothing incriminating has come against the petitioner during investigation implicating him with the offence. Petitioner is in custody since 13.2.2019 having no

Patna High Court CR. MISC. No.40694 of 2019(5) dt.16-10-2019 2/2 criminal antecedent. Charge sheet has also been filed in the case, as such, there is no chance of tempering with the evidence. In view of the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, 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 Additional Chief Judicial Magistrate-I, Gaya in Wazirganj Police Station Case No. 96 of 2019, on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tempers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T