Basant @ Raslal Manjhi v. The State Of Bihar

Patna High Court Cr.Misc. No.30766 of 2017 (3) dt.11-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30766 of 2017 Arising Out of PS.Case No. -1 Year- 2017 Thana -MAGADH MEDICAL COLLEGE District- GAYA ====================================================== Basant @ Raslal Manjhi Son of Ganeshi Manjhi, Resident of VillageSohan Bigha, P.S.- Magadh Medical, District- Gaya. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Prithivi Raj Singh, Advocate. For the Opposite Party : Mr. Satyavarat Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 05.01.2017 in connection with Magadh Medical P.S. Case No. 01 of 2017 for the offences alleged under Section 394 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and he has not been named in the first information report. His name has surfaced on the extra-judicial confession of the co-accused Mantosh @ Chhapra Paswan. Except this, there is no other material to connect the petitioner with the alleged offence. The said co-accused Mantosh @ Chhapra Paswan has already been granted bail. No recovery of any incriminating articles has been made from the conscious possession of the petitioner. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction

Patna High Court Cr.Misc. No.30766 of 2017 (3) dt.11-08-2017 of learned 4th Additional Chief Judicial Magistrate, Gaya in connection with Magadh Medical P.S. Case No. 01 of 2017 with the following conditions:

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) Md. Ibrarul/- U T