Babulal Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76288 of 2019 Arising Out of PS. Case No.-97 Year-1999 Thana- MUSAHARI District- Muzaffarpur ====================================================== Babulal Manjhi Son Of Bishnu Manjhi Resident Of Village - Narauli, P.S.- Mushahari, District - Muzaffarpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of bail in a case registered for the offence under sections 307,435, 379 and other sections of the Indian Penal Code. It is submitted by learned counsel for the petitioner that the petitioner had been granted bail by order dated 16.04.2009 passed by the learned Sessions Judge, Muzaffarpur but his bail bond was cancelled on 21.11.2013. The petitioner thereafter, surrendered on 30.07.2018 and is in custody since then.

The application for bail has been opposed by learned APP for the State who submits that the sessions trial is going on in the case and if the petitioner is enlarged on bail, he would once again abscond.

Patna High Court CR. MISC. No.76288 of 2019(3) dt.10-12-2019 2/2 Having heard learned counsel for the parties and taking into consideration that the petitioner has remained in custody since 30.07.2018, the Court is inclined to enlarge the petitioner on bail. Let the petitioner, above named, be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Fast Track Court 1, Muzaffarpur in connection with Sessions Trial No. 289 of 2018 (arising out of Mushahari P.S. Case No. 97 of 1999).

Further, taking into consideration the fact that the FIR is of the year 1999 and Sessions Trial no. 289 of 2018 is proceeding, the petitioner is directed to co-operate in the trial and he shall remain personally present on each date in course of trial. In case of his absence on two consecutive dates without any just explanation to the satisfaction of the Court below, the court below shall take steps for cancellation of his bail and take him in custody till conclusion of the trial.

(Partha Sarthy, J) Prakash/- U