Manoj Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.8939 of 2016 (2) dt.22-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8939 of 2016 Arising Out of PS.Case No. -198 Year- 2014 Thana -WARSALIGANJ District- NAWADA ======================================================

1. Manoj Kumar Son of Dukhi Mahto resident of village - Jhaur, P.S. Warsaliganj, District - Nawadah.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Sunil Kumar Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-04-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Warsaliganj P.S. Case No. 198 of 2014 registered for the offences punishable under Sections 302, 201, 120B/34 of the Indian Penal Code. Allegedly, on suspicion one alto 800 Blue colour car was caught and co-accused Bhuwan Kumar, Rahul Kumar, Dharmendra Kumar, Sani Kumar and Matendra Kumar were caught whereas the petitioner fled away and on interrogation they stated that one person of Jharkhand was called whose name is known to only the petitioner and he was killed and his dead body was thrown in Sakri river. Submission is of false implication and that the petitioner was not caught in the said car, his name was taken by co-accused and Bhuwan Kumar and Makeshwar Nath have already been allowed bail by another co-ordinate Bench of this Court vide order dated 08.05.2015, 27.01.2015 passed in Cr. Misc. No. 11411 of 2015 and

Patna High Court Cr.Misc. No.8939 of 2016 (2) dt.22-04-2016 3089 of 2015 respectively and further co-accused Ram Pravesh Mahto has also been allowed bail and the petitioner is suffering in custody since 07.12.2015 having no criminal antecedent. Learned APP opposes the prayer of bail by submitting that the petitioner is the member of a gang and actively participated in the crime.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada in connection with Warsaliganj P.S. Case No. 198 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T