Bhageran Manjhi @ Raju Kumar Manjhi @ Raj Kumar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59652 of 2022 Arising Out of PS. Case No.-431 Year-2020 Thana- DIGHA District- Patna ====================================================== BHAGERAN MANJHI @ RAJU KUMAR MANJHI @ RAJ KUMAR MANJHI Son of Paisath @ Jagdish Manjhi Resident of Mohalla- Railway Line, Mushahari, P.S.- Digha and District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-01-2023 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Digha Police Station Case No. 431 of 2020, registered for the offences punishable under Sections 457 and 380 of the Indian Penal Code 1860.

The prosecution case, as per the First Information Report, is that a theft was committed in the house of the informant and the petitioner, along with other accused persons, have been identified in the CCTV footage. It has been alleged that cash of Rs.1,20,000/- and other articles are said to have been stolen by the accused persons This is the second attempt on behalf of the petitioner

Patna High Court CR. MISC. No.59652 of 2022(3) dt.04-01-2023 2/3 for grant of regular bail. Earlier, the prayer for regular bail of the petitioner was rejected by this Court, vide order, dated 08.03.2022, passed in Criminal Misc. No. 31954 of 2021, giving liberty to the petitioner to renew his prayer for bail after six months from the date of the order, if the trial does not record any progress.

Learned Counsel for the petitioner submits that the petitioner has renewed his prayer, as observed by this Court in the order dated 08.03.2022. He further submits that the petitioner has not been put on Test Identification Parade and no incriminating article/theft amount has been recovered from the possession of the petitioner. He further submits that the petitioner is in custody since 29.01.2021 and charge sheet has already been submitted against the petitioner, as such, there is no likelihood that the petitioner will abscond and/or tamper with the evidence.

After having heard learned Counsel for the parties and taking into consideration the fact that the petitioner is in custody since 29.01.2021, charge sheet has already been submitted and this is second attempt on behalf of the petitioner for grant of bail, I am inclined to grant regular bail to the petitioner. This application is, accordingly, allowed.

Patna High Court CR. MISC. No.59652 of 2022(3) dt.04-01-2023 3/3 Let the petitioner, above named, be released on bail, upon furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Patna, in connection with Digha Police Station Case No. 431 of 2020. This is subject to the condition that the petitioner shall present himself before the Court, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √