Punnu Manjhi v. The State Of Bihar

Patna High Court Cr.Misc. No.34727 of 2018 (2) dt.20-06-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34727 of 2018 Arising Out of PS.Case No. -744 Year- 2005 Thana -PHULWARI District- PATNA ====================================================== Punnu Manjhi Son of Sukhlu Manjhi, Resident of Alipur, P.S.- Phulwarisharif, District- Patna.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjay Kumar Sharma, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-06-2018 Heard learned counsel for the petitioner and learned counsel for the State.

2. This is the third attempt on behalf of the petitioner, who is in custody since 07.12.2015 and has renewed his prayer for bail in connection with Phulwari Sharif P.S. Case No. 744 of 2005 for the offence alleged under Sections 304, 34 of the Indian Penal Code and 3 and 4 of the Dain Control Act, 1999 having earlier been rejected by this Court by orders dated 20.08.2016 and 17.05.2017 in Cr. Misc. No. 33032 of 2016 and Cr. Misc. No. 16625 of 2017, respectively.

3. It is submitted that in a subsequent development similarly situated co-accused Vinay Manjhi and Sukulu Manjhi @ Sukhlu Manjhi has been granted bail by a co-ordinate Bench of this Court in Cr. Misc. No. 4288 of 2018.

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/-

Patna High Court Cr.Misc. No.34727 of 2018 (2) dt.20-06-2018 (ten thousand) with two sureties of like amount each to the satisfaction of learned A.D.J.-V, Patna, in connection with Phulwarisharif P.S. Case No. 744 of 2005, on 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