Harendra Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53075 of 2021 Arising Out of PS. Case No.-175 Year-2020 Thana- JAMOBAZAR DistrictSiwan ====================================================== Harendra Manjhi Son Of Hajari Manjhi R/O Village- Hariharpur Kala, P.S.- Jamo Bazar, Dist.- Siwan ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ajay Kumar Tiwary, Advocate For the State :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 05-04-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 326, 302, 201, 120(B) of the Indian Penal Code.

As per allegation in the F.I.R., it has been alleged that on 21.08.2020 at about 04:30 pm in evening the informant's husband Dhanoj Kumar Ram had gone to Imiliya market on his bicycle but did not return back late night. In course of searching by the informant along with her family members saw his bicycle lying at Imiliya more. On the next day on 22.08.2020 her husband

Patna High Court CR. MISC. No.53075 of 2021(3) dt.05-04-2022 2/3 could not found. On 23.08.2020 the informant gave application to the Police Station regarding missing her husband then she came to know that a dead body is lying in Hetimpur Chawar. After seeing, the informant identified that the said dead body was of her husband Dhanoj Kumar Ram. The informant further alleged that some days prior to the occurrence, there was quarrel with his villager Harendra Manjhi who had given threat for killing her husband.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case only on the basis of suspicion. He further submits that there is no eye witness to the alleged occurrence and he has been made accused in the present case only on the basis of suspicion. Further submits that during investigation nothing has come against the petitioner and after investigation police has submitted chargesheet against the petitioner. The petitioner is in custody since 20.04.2021.

Learned APP for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Jamo

Patna High Court CR. MISC. No.53075 of 2021(3) dt.05-04-2022 3/3 Bazar P.S. Case No. 175 of 2020, with 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 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

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

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T