Vikash Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67680 of 2021 Arising Out of PS. Case No.-327 Year-2021 Thana- SHERGHATI District- Gaya ====================================================== VIKASH MANJHI S/o Late Umesh Manjhi R/o village- Dhujji Tola Bhangidih, P.S.- Sherghati, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Usha Kumari Singh, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-08-2022 Heard learned counsel for the petitioner and learned counsel for the State.

Let the defect(s), if any, as pointed out by the office be removed within four weeks.

The petitioner is in judicial custody in connection with Sherghati P.S. Case No. 327 of 2021 for the offences under Sections 387 of the Indian Penal Code.

The allegation in the FIR is that the informant received a phone call from 82353-97526 and the person introduced himself as one Vikash Jee and demanded extortion money, failing which he was warned of dire consequences. This petitioner was accordingly taken into custody. Learned counsel for the petitioner submits that neither he is Vikash Jee nor the mobile belongs to him and as per the

Patna High Court CR. MISC. No.67680 of 2021(3) dt.02-08-2022 2/3 investigation in the case diary, the said mobile belongs to one Rajmati Devi with whom he has no concern. He lastly submits that he is in custody since 08.07.2021 (as stated in paragraph-9 of the bail application).

Taking into account the aforesaid facts as also that the petitioner is in custody since 08.07.2021 and charge sheet stands submitted, this Court is inclined to grant him the privilege of bail but with conditions in view of the fact that he has criminal antecedent.

Let the petitioner 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 ACJM., Sherghati, Gaya in connection with Sherghati P.S. Case No. 327 of 2021, subject to the following conditions.

(i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;

(iii) he shall appear before the concerned police

Patna High Court CR. MISC. No.67680 of 2021(3) dt.02-08-2022 3/3 station every fortnight for next six months to mark his presence; (iv) he shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Jagdish/- U T