Patna High CourtCR. MISC./57127/2017bail granted

Dharam Manjhi @ Dharma Manjhi v. The State Of Bihar

2017-12-13Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57127 of 2017 Arising Out of PS.Case No. -21 Year- 2004 Thana -ATRI District- GAYA ===================================== Dharam Manjhi @ Dharma Manjhi, S/o Late Vishu Manjhi, R/o Village- Dihuri, P.S.- Atri, in the District of Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Navin Sharma For the Opposite Party/s : Mr. Ajay Kumar-1 =====================================

CORAM:

HONOURABLE MR.

JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-12-2017 Heard both sides.

The petitioner seeks bail in Atri P.S. Case No. 21 of 2004 (G.R. No. 930 of 2004/Trial No. 674 of 2016), registered for the offences punishable under Sections 147, 148, 149, 307, 302 and 379 of the Indian Penal Code, Section 27 of the Arms Act, Section 17 of the C.L.A. Act and Section 135(A) and 136(A) of the Unlawful Activity (Prevention) Act.

Learned counsel for the petitioner submits that the prayer for bail of the petitioner was earlier rejected vide

Patna High Court Cr.Misc. No.57127 of 2017 (2) dt.13-12-2017 2/2 order, dated 17.11.2016, passed in Cr. Misc. No. 35144 of 2016. He submits that there is no specific allegation against the petitioner, but since the petitioner was absconding for more than 11 years, the prayer for bail was rejected. He also submits that other similarly situated accused persons have been granted bail.

Now the petitioner has remained in jail since 27.04.2016. The petitioner has already remained in jail for about one year and eight months.

Considering the facts aforesaid, the petitioner, above named, is directed to be enlarged 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 Additional Sessions Judge-IX, Gaya, in connection with Sessions Trial No. 235 of 2016, arising out of Atri P.S. Case No. 21 of 2004, subject to the condition that one of the bailor shall be the son of the petitioner. (Prabhat Kumar Jha, J) Praveen-II/- U T