Manjay Bhagat @ Manjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47249 of 2017 Arising Out of PS.Case No. -182 Year- 2015 Thana -MAHESI District- EASTCHAMPARAN (MOTIHARI) ====================================================== Manjay Bhagat @ Manjay Kumar Son of Jagrup Bhagat, Resident of Village- Mojahida (Manjhan Chhapra), P.S. - Mehsi, District - East Champaran.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Surendra Kishore Thakur, Advocate For the Opposite Party: Mr. Jitendra Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 17-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 22.05.2017 in connection with Mehshi P.S. Case No. 182 of 2015 for the offences alleged under Sections 147, 148, 149, 323, 324, 307, 399, 402, 216(A) and 353 of the Indian Penal Code and Section 27 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated as he was not arrested on the spot and no incriminating materials have been recovered from his possession. Similarly situated accused persons, namely, Ajay Bhagat, Sona Devi, Rajkali Devi and Shobha Devi have been granted bail by this Court in Cr. Misc. No. 16420 of 2016 and Cr. Misc. No. 17068 of 2016, respectively. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI,

Patna High Court Cr.Misc. No.47249 of 2017 (2) dt.17-10-2017 2/2 Motihari in connection with Mehshi P.S. Case No. 182 of 2015, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) B.T/Chandran U T