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Patna High CourtCR. MISC./55925/2018bail granted

Manoj Hansda v. The State Of Bihar

2018-09-28Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55925 of 2018 Arising Out of PS.Case No. -40 Year- 2015 Thana -SONO District- JAMUI ====================================================== Manoj Hansda S/o Mangru Hansda, R/o village- Chilka Khad, P.S.- Sono (Charka Pathar), District- Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : M/s Sanjay Kumar and Binod Kumar For the Opposite Party/s : Sir Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 28-09-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in connection with Sono (Charka Pathar) P.S. Case No. 40 of 2015 registered for offences punishable under sections 147, 148, 149, 121A of the Indian Penal Code, 3/4 of Explosive Substance Act, 16, 17, 18, 19, 20, 21 and 22 of the U.A.P. Act.

As per FIR, the police party got information that 13 miscreants assembled to commit crime and when they went to the place of occurrence, the said miscreants succeeded to flee away from there.

It has been submitted that the petitioner has been made accused merely on suspicion. On search, the police party

Patna High Court Cr.Misc. No.55925 of 2018 (3) dt.28-09-2018 2/2 recovered incriminating materials from a cave of hill. Nothing has been recovered from the possession of the petitioner and there is no eye-witness to the alleged occurrence. The petitioner is in custody since 18.09.2017. The charge sheet has already been submitted in this case.

Considering the facts and circumstances of the case, the prayer for bail of the petitioner is allowed and he is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Sessions Judge, Jamui in connection with Sono (Charka Pathar) P.S. Case No. 40 of 2015, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Sanjay Kumar, J) Mahesh/- U T