Ram Bilash Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1856 of 2021 Arising Out of PS. Case No.-59 Year-2019 Thana- SIRDALA District- Nawada ====================================================== RAM BILASH MANJHI S/o Jagdish Manjhi R/o village- Kewal Bhuali Bandh, P.S.- Sirdala, District- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar Verma For the Opposite Party/s :
Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-03-2021 Heard both parties.
The petitioner seeks bail in Sirdala P.S. Case No. 59 of 2019, registered for the offence punishable under Sections 147, 148, 149, 323, 364, 365 and 302 of the Indian Penal Code and section 3/4 of Prevention of Witch Craft Act. As per the prosecution case, on 10.02.2019 at 8.30 am while the informant, his wife and his grand-daughter were at house, Jagdish Manjhi and his four sons including this petitioner and daughter-in-law came and started assaulting them. It is further alleged that co-accused Lal Muni Devi pushed informant's wife Alkhi Devi and co-accused Jagdish Manjhi and his four sons committed murder of informant's wife by slitting her neck.
It is submitted on behalf of the petitioner that during
Patna High Court CR. MISC. No.1856 of 2021(2) dt.08-03-2021 2/3 course of investigation it has come that specific allegation of slitting the neck of deceased is against Pallu Manjhi. Deceased is Phua of petitioner. So far as this petitioner is concerned, there is general and omnibus allegation of catching hold of the deceased. Co-accused Jagdish Manjhi has already been granted bail by a coordinate Bench of this court vide order dated 30.09.2019 passed in Cr. Misc. No. 49089 of 2019. Petitioner is in custody since 03.07.2020 having clean antecedent. Chargesheet has already been submitted.
Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged 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 learned Additional Chief Judicial Magistrate VI, Nawada in connection with Sirdala P.S. Case No. 59 of 2019, subject to following conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
Patna High Court CR. MISC. No.1856 of 2021(2) dt.08-03-2021 3/3 (ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T