Pawan Kumar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64503 of 2018 Arising Out of PS. Case No.-33 Year-2018 Thana- ISUAPUR District- Saran ====================================================== Pawan Kumar Manjhi Son of Ramlal Manjhi, Resident of Village- Rampur Alauli, Police Station- Isuapur, District- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar For the Opposite Party/s :

Mr. Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-11-2018 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Isuapur P. S. Case No. 33 of 2018 instituted for the offence under Section(s) 323, 324, 341, 379 and 307/34 of the Indian Penal Code. The prayer for bail of the petitioner was earlier rejected by co-ordinate Bench of the Court by order dated 18.7.2018 passed in Cr. Misc. no. 39125 of 2018 with liberty to renew prayer for bail after three months from the date of framing of charge.

Petitioner has filed a supplementary affidavit stating that charge has already been framed on 31.5.2018 for the offence U/s 307/34, 324/34, 341/34 and 504/34 of the I.P.C. Case diary has been received, wherein, the doctor has

Patna High Court Cr.Misc. No.64503 of 2018(3) dt.27-11-2018 2/3 found one injury in the abdomen of the informant which was found to be grievous in nature.

Learned counsel for the petitioner has submitted that now good sense has prevailed between the parties and compromise petition has been filed in the Court below. The petitioner is in custody since 23.3.18.

Keeping in view the period of custody already spent by the petitioner as also the observation made by co-ordinate Bench of this Court by order dated 18.7.2018, let the petitioner, above named, 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 District Judge 9th, Saran at Chapra/ Incharge Sessions Court , in connection with Isuapur P. S. Case No. 33 of 2018, Sessions trial no. 370 of 2018,, G.R. No. 2143 of 2018, subject to the following conditions:- (i) Both the bailers shall be the close relative of the petitioner.

(ii) The petitioner shall be present on each and every date fixed by the Court and absence on two consecutive dates without valid reason will result in cancellation of bail bond of the petitioner.

Patna High Court Cr.Misc. No.64503 of 2018(3) dt.27-11-2018 3/3 (iii) If petitioner tamper with the evidence in the case, prosecution will be at liberty to move for cancellation of bail bond of the petitioner.

(Sanjay Priya, J) shyambihari/- U T