Munashi Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53033 of 2017 Arising Out of PS.Case No. -27 Year- 2017 Thana -KOILWAR District- BHOJPUR ====================================================== Munashi Manjhi, Son of Mohan Manjhi, Resident of Village- Govindpur, Police Station- Phulwarisharif, District- Patna. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Mr. Sri Ajay Kumar Jha ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 17-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Koilwar P.S. Case No. 27 of 2017 for offences punishable under Section 392 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that while he had gone to purchase wood and was on a motorcycle three persons on pistol point have taken away his motorcycle.

It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the F.I.R. and he was

Patna High Court Cr.Misc. No.53033 of 2017 (2) dt.17-11-2017 2/3 identified after 24 days by the informant in the T.I. Parade having been arrested in another case bearing Koilwar P.S. Case No. 92 of 2017. He submits that T.I. Parade was done after a long gap and that stolen motorcycle has not been recovered from the possession of the petitioner. He submits that chargesheet has already been submitted and the petitioner is languishing in judicial custody since 30.05.2017. However, learned APP for the State opposes the prayer for bail stating therein that the petitioner does not have a clean antecedent.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Koilwar P.S. Case No. 27 of 2017, subject to the conditions that:

(1) Both bailors would be close relative of the petitioner having sufficient immovable property, who will file an affidavit stating their relationship with the petitioner.

Patna High Court Cr.Misc. No.53033 of 2017 (2) dt.17-11-2017 3/3 (2) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the court below for cancellation of his bail bonds.

(Nilu Agrawal, J) Devendra/- U T