Manjhil Sao v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31857 of 2015 Arising Out of PS.Case No. -129 Year- 2013 Thana -GOH District- AURANGABAD =========================================================== Manjhil Sao Son of Madheshwar Sao resident of village - Gumhari, P.S. Goh, Distt. - Aurangabad .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s =========================================================== Appearance :
For the Petitioner/s :
Mr. N. K. Agarwal, Sr. Advocate with Mr. D. N. Tiwari, Advocate For the Opposite Party/s :
Mr. Nand Kishore, APP CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 02-09-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in Goh P.S. Case No. 129 of 2013 dated 24.06.2013 instituted under Sections 147/ 148/ 149/ 323/ 326/ 307/ 302 of the Indian Penal Code and 27 of the Arms Act. This is the second attempt of the petitioner for bail as earlier such prayer was rejected by order dated 05.08.2014 passed in Cr. Misc. No. 24869 of 2014 by which the court below was directed to expedite the trial and conclude the same within nine months.
Patna High Court Cr.Misc. No.31857 of 2015 dt.02-09-2016 2/3 In the case of similarly situated co-accused Prabhu Bind @ Parbhu Bind, who had also filed a second bail application being Cr. Misc. No. 15191 of 2015, the Court had called for a report from the trial court and pursuant to the same by order dated 04.07.2016, had granted bail with certain conditions.
Learned counsel for the petitioner submits that he is similarly situated to Prabhu Bind @ Parbhu Bind and, thus, also be granted same indulgence.
Learned A.P.P., upon going through the records, does not dispute the aforesaid position.
In view of the aforesaid, for the reasons recorded in order dated 04.07.2016 in Cr. Misc. No. 15191 of 2015, the present application also stands allowed.
Accordingly, let the petitioner be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge, Aurangabad in Sessions Trial No. 117/ 14/ 65/ 2014 arising out of Goh P. S. Case No. 129 of 2013. The petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner. The petitioner shall also give an undertaking to the Court that he shall not indulge in any criminal activity. Any violation of the terms and conditions of the bonds or the
Patna High Court Cr.Misc. No.31857 of 2015 dt.02-09-2016 3/3 undertaking shall lead to cancellation of his bail bonds. The petitioner shall cooperate and appear on each and every date in the trial and failure to do so shall also lead to cancellation of his bail bonds. (Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 09.09.2016 Transmission Date 09.09.2016