Santosh Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77029 of 2018 Arising Out of PS. Case No.-340 Year-2017 Thana- GARKHA District- Saran ====================================================== Santosh Manjhi, S/o- Late Akbal Manjhi, resident of Village- Bhorawa, P.S.- Tajpur, District- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Sri Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Garkha P.S. Case No. 340 of 2017 registered for the offence punishable under Sections 25(1b) and 35 of the Arms Act. The prosecution case as lodged by the informant is that a dacoity was committed in the house of one Ajay Kumar Singh and the dacoits while fleeing away had left a country made pistol on the road. Accordingly a seizure list was prepared. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case on the basis of confessional statement of co-accused, Mathu Manjhi who has already been granted bail by this Court as contained in Annexure-2. and co-accused Radha Devi and another have also been granted bail by this Court as contained in Annexure-3. He

Patna High Court Cr.Misc. No.77029 of 2018(2) dt.20-12-2018 2/2 is in custody since 07.09.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Garkha P.S. Case No. 340 of 2017 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/manojU T