Sadan Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30800 of 2018 Arising Out of PS.Case No. -119 Year- 2017 Thana -KHUDAGANJ District- NALANDA (BIHARSHARIFF) ====================================================== Sadan Manjhi, son of Karu Manjhi, Resident of Village- Baira, P.S.- Khudaganj, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rudal Prasad For the Opposite Party/s : Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 05-07-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

In view of submission of the learned counsel for the petitioner, he is permitted to make necessary correction as regards custody of the petitioner.

The petitioner seeks bail in connection with Khudaganj P.S. Case No. 119 of 2017 registered for offences punishable under sections 363 and 364(A) of the Indian Penal Code. As per FIR, the son of the informant was kidnapped by unknown miscreants when he along with his sister was returning home after attending the tuition classes.

It has been submitted that the son of the informant was recovered. He was produced before the Magistrate and his statement was recorded under section 164 Cr. P.C. where he disclosed the name

Patna High Court Cr.Misc. No.30800 of 2018 (3) dt.05-07-2018 2/2 of three persons. This petitioner has not been named by the victim. The said three persons whose names disclosed by the victim, were apprehended and one of them in his confessional statement disclosed the name of this petitioner and except his disclosure, there is nothing against him. Further submission is that the petitioner is in custody since 17.03.2018 having clean antecedent. The petitioner has not been put on TIP and nothing has been recovered from his possession. Considering the facts and circumstances of the case, the prayer for bail of the petitioner is allowed and he is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-I, Hilsa (Nalanda) in connection with Khudaganj P.S. Case No. 119 of 2017, subject to the 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 cooperate in the disposal of trial and make himself available as and when required by the court.

(Sanjay Kumar, J) Mahesh/- U T