Santosh Manjhi @ Santosh Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77660 of 2018 Arising Out of PS. Case No.-339 Year-2017 Thana- GARKHA District- Saran ====================================================== Santosh Manjhi @ Santosh Mahato S/o Late Akbal Manjhi, R/o Vill.- Bhorawa, P.S.- Tajpur, District- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Sri Abhay Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 02-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Garkha P.S. Case No. 339 of 2017 registered for the offence punishable under Section 395 of the Indian Penal Code.

Informant has alleged that three unknown miscreants entered his house in the night and took away jewelry and cash kept in the Almirah on the strength of revolver. It has been submitted on behalf of the petitioner that he has been falsely implicated in this case on the basis of confessional statement made by one Mathu Manjhi and except said confessional statement there is no other incriminating material against petitioner. Nothing has been recovered from the

Patna High Court Cr.Misc. No.77660 of 2018(2) dt.02-01-2019 2/2 possession of petitioner. It has been further submitted that similarly placed co-accused has been granted bail by this Hon'ble Court as contained in Annexure-3. Petitioner is in custody since 07.09.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra, in connection with Garkha P.S. Case No. 339 of 2017 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T