Manoj Hansda v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52248 of 2018 Arising Out of PS.Case No. -168 Year- 2013 Thana -SONO District- JAMUI ======================================================

1. Manoj Hansda, Son of Mangaru Hansda, resident of Village- Chilka Khand, Police Station- Sono (Charka Pathar), District- Jamui. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Sir Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-10-2018 Heard the parties.

The petitioner seeks regular bail in connection with Sono (Charka Pathar) P.S.Case no.168 of 2013 registered for offences punishable under Sections 302/34, 121A of the Indian Penal Code, Section 27 of the Arms Act and Sections 16, 17, 18, 19, 201, 21, and 22 of the Unlawful Activities (Prevention) Act. As per the FIR the prosecution case is that the informant heard some noise outside the house and when he came out from the house he found 22-25 persons bearing Bardi and lashed with arm and they started abusing and assault. They also fired upon his son and his son fell down and died. The accused persons were whispering the name of the accused and the petitioner was also named.

Patna High Court Cr.Misc. No.52248 of 2018 (2) dt.05-10-2018 2/3 Submission of the learned counsel for the petitioner is that no specific allegation has been attributed against the petitioner in the FIR and the charge-sheet has already been submitted. The petitioner is in custody since 19.2.2018 and other accused persons have been granted bail, vide order dated 9.11.2015 passed in Cr. Misc. No.42813 of 2015, order date 10.5.2016 passed in Cr. Misc. No.49221 of 2015 and order dated 3.8.2017 passed in Cr. Misc. No.34800 of 2017.

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, be enlarged 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 CJM, Jamui in connection with Sono (Charka Pathar) P.S.Case No.168 of 2013.

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 disposal of trial and make himself available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.

Patna High Court Cr.Misc. No.52248 of 2018 (2) dt.05-10-2018 3/3 With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T