Sanjay Manjhi @ Manjay Manjhi v. The State Of Bihar

Patna High Court Cr.Misc. No.6149 of 2016 (2) dt.24-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6149 of 2016 Arising Out of PS.Case No. -109 Year- 2015 Thana -HATHUA District- GOPALGANJ ======================================================

1. Sanjay Manjhi @ Manjay Manjhi son of Sheo Nath Manjhi, Resident of village- Hathua Dakhin Tola, P.S.- Hathua, District- Gopalganj .... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Naresh Prasad For the Opposite Party/s : Mr. M.K.Khare (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 24-02-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Hathua P.S. Case No. 109 of 2015 registered for the offences punishable under Sections 419, 420, 467, 468, 471, 120B of the Indian Penal Code and Sections 12 (1-b) of the Indian Passport Act. Allegedly, the petitioner after creating forged document such as voter identity card applied for Passport in the name of Manjay Manjhi, though his real name is Sanjay Manjhi and also he was having Passport and traveled to Sri Lanka also. Submission is of false implication and that the previous Passport of the petitioner was lost but he did not inform the Police regarding the same, he is a poor person and being in need of money wanted to go foreign country to earn livelihood and then

Patna High Court Cr.Misc. No.6149 of 2016 (2) dt.24-02-2016 co-accused Sonu Kumar advised him to change the name and submit application form, the petitioner has got no criminal antecedent and is suffering in custody since 25.06.2015. Learned APP submits that the petitioner has sworn false affidavit and was having forged voter identity card and on that basis with the help of co-accused was trying to take Passport. In the facts and circumstances stated above, considering the period of detention, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Abhishek Kunal, J. M. Ist Class, Gopalganj in connection with Hathua P.S. Case No.

109 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T