Patna High CourtCR. MISC./53879/2016bail granted

Rajhansh Manjhi v. The State Of Bihar

2016-12-20Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53879 of 2016 Arising Out of PS.Case No. -545 Year- 2016 Thana -BANKA District- BANKA ======================================================

1. Rajhansh Manjhi Son of Suchit Lal Manjhi Resident of Village-Dudhari, P.S. Banka, District-Banka .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Tiwary For the Opposite Party/s : Mr. M. Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 20-12-2016 Heard the Counsel for the petitioner and Mr. M. Dayal, APP for the State.

Apprehending his arrest in Banka P.S. Case No. 545 of 2016 registered under sections 461 and 379 of the Indian Penal Code, the present application is for grant of anticipatory bail. The informant alleged that key of the Panchayat Bhawan was given to one person from whom co-accused Shekhar Panjiyara demanded key which was not given. The following morning, it was found that theft was committed from the Panchayat Bhawan. Several records and articles were taken away. The informant, who is Panchayat Secretary, has suspected the hands of co-accused Shekhar Panjiyar as well as the petitioner. Learned counsel for the petitioner submits that merely on suspicion, the F.I.R. has been lodged. There is no convincing material on record to show that the petitioner committed theft.

Patna High Court Cr.Misc. No.53879 of 2016 (2) dt.20-12-2016 2/2 Considering the above, co-accused Shekhar Panjiyar has been granted anticipatory bail by this Court vide order dated 16.09.2016 (Annexure-2). Petitioner has no criminal antecedent. Taking into account the aforesaid submission of the parties, in the event of arrest or surrender in the Court below within four weeks, the petitioner abovenamed is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in Banka P.S. Case No. 545 of 2016 (G.R. No. 1947/16) subject to the condition as laid down under Section 438(2) of the Cr.P.C. with the further following conditions:

(i) One of the bailers shall be the own/close family members of the petitioner.

(ii) In case of framing of charge, the petitioner shall appear in person on each and every date fixed in the Court below. In case of default in doing so on two consecutive occasions without any cogent/satisfactory reason, the Trial Court shall have liberty to cancel the bail bond of the petitioner and secure his arrest in accordance with law.

(Kishore Kumar Mandal, J) Pankaj/- U T