Charitra Manjhi @ Chaliter Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.61972 of 2018 Arising Out of PS.Case No. -387 Year- 2015 Thana -BIHARSHARIF District- NALANDA (BIHARSHARIFF) ====================================================== Charitra Manjhi @ Chaliter Manjhi Son of late Akul Manjhi Resident of Village-Tiuri, PS Manpur District-Nalanda.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rudra Deo, Advocate. For the Opposite Party/s : Smt. Madhuri Lata, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-10-2018 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Sessions Trial No. 240 of 2016 arising out of Bihar P.S. Case No. 387 of 2015 instituted for the offence under Sections 302 and 201/34 of the Indian Penal Code. Counsel for the petitioner submits that petitioner is in custody since 21.10.2016. He is not named in the written report. During course of investigation, blood stained trouser of the deceased was recovered from thatched house of the petitioner. Counsel for the petitioner further submits that prayer for bail of the petitioner was earlier rejected by a coordinate Bench of this Court vide order dated 16.10.2017 passed in Cr. Misc. 48104 of 2017 on the aforesaid ground.
Report regarding stage of the case has been called for from the court below which has been received. From the report it appears
Patna High Court Cr.Misc. No.61972 of 2018 (3) dt.29-10-2018 2/2 that two out of nine witnesses have been examined till date. It is mentioned in paragraph-3 of the bail petition that Petitioner has no criminal antecedent.
Petitioner is said to be in custody since 21.10.2016. Keeping in view the period spent by the petitioner in custody, prayer for bail of the petitioner is allowed. 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 learned Additional Sessions Judge-III, Biharsharif, in connection with in Sessions Trial No. 240 of 2016 arising out of Bihar P.S. Case No. 387 of 2015, subject to the condition that both the bailors will be the close relatives of the petitioner.
The petitioner will cooperate in conclusion of the trial. He will remain present on each and every date of trial till disposal of the case. He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. In the event of default of two consecutive dates without valid reason, his bail bonds will liable to be cancelled.
(Sanjay Priya, J) S.Ali/- U T