Manjesh Mahton @ Manjesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69693 of 2019 Arising Out of PS. Case No.-57 Year-2017 Thana- HALSI DistrictLakhisarai ====================================================== MANJESH MAHTON @ MANJESH KUMAR aged about 25 years, male, Son of Sukhdeo Mahton Resident of Village - Kurhadih, P.S.- Sikandra, DistrictJamui ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Umesh Prasad, Advocate.

For the Opposite Party:

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 20.06.2019 in connection with Halsi P.S. Case No. 57 of 2017 for the offences alleged under Section 392 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and the F.I.R. is against unknown persons. The petitioner's name has surfaced on the extra judicial confessional statement of co-accused Rajesh Paswan, except which there is no objective material to connect him with the alleged occurrence. No recovery of any incriminating articles has been made from the conscious possession of the petitioner nor has he been put on test identification parade for his identification. The aforesaid coaccused Rajesh Paswan has been granted bail by this Court in Cr. Misc. No. 5422 of 2018. Also co-accused Manish Singh @ Ganga Singh and Sanjeet Kumar, named by co-accused Rajesh Paswan, have been granted bail by this Court in Cr. Misc. No.

Patna High Court CR. MISC. No.69693 of 2019(2) dt.06-12-2019 2/2 5589 of 2018 and Cr. Misc. No. 4338 of 2018 respectively. The petitioner is accused in four prior cases in which he is on bail.

4. Be that as it may, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Lakhisarai, in connection with Halsi P.S. Case No. 57 of 2017, 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 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. (iv) 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.

(Vikash Jain, J) Ibrar//- U T