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Patna High CourtCR. MISC./21337/2018bail granted

Antu Manjhi v. The State Of Bihar

2018-06-20Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21337 of 2018 Arising Out of PS.Case No. -486 Year- 2017 Thana -BODHGAYA District- GAYA ======================================================

1. Antu Manjhi, S/o Bhuyali Manjhi, Resident of Village- Basari, P.S.- Bodh Gaya, District- Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Dhirendra Kumar Sinha For the Opposite Party/s : Mr. Sri Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-06-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Special Case No.27 of 2016 arising out of Bodh Gaya P.S.Case No.486 of 2017 , registered for offences punishable under Section 7 of E.C. Act.

Allegation against the petitioner is that when the shop was raided, he was not present there and he could not produce the register and there was complaint that his shop is run by another person.

Submission of the learned counsel for the petitioner is that there is nothing showing black-marketing against him and on that day he had gone to get his grand daughter treated as such he was not present there on that day and no explanation was called for

Patna High Court Cr.Misc. No.21337 of 2018 (3) dt.20-06-2018 2/2 from him. There is delay of two days in lodging the FIR. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Gaya in connection with Gaya P.S.Case No.486 of 2017, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T