Teni Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36554 of 2017 Arising Out of PS.Case No. -69 Year- 2015 Thana -RAMPUR District- GAYA ======================================================

1. Teni Manjhi Son of Sudarshan Manjhi, R/o Village- Katari, P.S.- Chandauli, Distt.- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Sharma For the Opposite Party/s : Mr. Sri Jai Narain Thakur ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 21-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 15.01.2016 in connection with Rampur P.S. Case No. 69 of 2015 for offence punishable under Section 394 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that while his wife and his brother were coming home by a rickshaw, four un-known persons beat them and also snatched their mobile, gold chain and cash and when the informant went to look around, the said persons fled away after hurling bombs. It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the First Information

Patna High Court Cr.Misc. No.36554 of 2017 (2) dt.21-08-2017 2/3 Report and has been remanded in the present case only on the basis of suspicion. He submits that on the confessional statement of Chotan Paswan @ Amit Kumar, petitioner has been made accused. Co-accused Chotan Paswan @ Amit Kumar has already been granted the privilege of bail by a co-ordinate Bench of this Court in Cri. Misc. No. 17749 of 2016 on 29.04.2016. He submits that charge-sheet has already been submitted and there is no allegation of tampering with the prosecution witnesses. However, learned APP for the State opposes the prayer for bail stating therein that the petitioner is a habitual offender and as many as three cases of similar nature are pending against him.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Gaya , in connection with Rampur P.S. Case No. 69 of 2015, G.R. No.

Patna High Court Cr.Misc. No.36554 of 2017 (2) dt.21-08-2017 3/3 as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds. It is also made clear that if the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the court below for cancellation of his bail bonds. (Nilu Agrawal, J) sushma/- U T