Binesh Manjhi @ Binish Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53036 of 2018 Arising Out of PS.Case No. -141 Year- 2014 Thana -TEKARI District- GAYA ======================================================

1. BINESH MANJHI @ BINISH MANJHI S/o Raj Ballabh Manjhi, R/o Vill.- Guljana, P.S.- Tekari, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-10-2018 Heard the parties.

The petitioner seeks regular bail in connection with Tekari P.S.Case nO.141 of 2014, Sessions Trial No.45 of 2018/117 of 2018 registered for offences punishable under Sections 302, 201/34 of the Indian Penal Code.

Allegation against the petitioner as per FIR is that one coaccused Tikari Manjhi assaulted the husband of the informant by Tangi and later on Tikari Manjhi along with the other co-accused persons including the petitioner came and forcibly disposed of the dead body.

Submission of the learned counsel for the petitioner is that there is no allegation of assault against the petitioner. He is in custody since 13.10.2017 and the charge sheet has already been

Patna High Court Cr.Misc. No.53036 of 2018 (4) dt.29-10-2018 2/2 submitted in this case.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge, IInd, Gaya in connection with Tekari P.S.Case no.141 of 2014, Sessions Trial No.45 of 2018/ 117 of 2018.

With 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 co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T