Jagdish Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 74746 of 2019 Arising Out of PS. Case No.-110 Year-2019 Thana- KASHICHAK District- Nawada ====================================================== Jagdish Manjhi, aged about 48 years (Male), Son of Lallu Manjhi Resident of Village - Chandinama Bhawani Bigha, P.S.- Kashichak, Distt - Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Verma, Advocate For the Opposite Party/s :

Mrs. Rita Verma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

27-11-2019 Heard learned counsel for the parties.

The petitioner seeks bail in Kashichak P.S. Case No. 110 of 2019 registered for the offence under Sections 302, 201 of the Indian Penal Code.

The prosecution case in brief is that Choukidar of Kashichak Police Station (Nawada), received an information on 20-07-2019 that a dead body of unknown person is lying at Khakhri Aahar and thereafter, he went there and saw the dead body in rotten state, which could not be identified and accordingly, an F.I.R. was lodged against unknown by the Choukidar.

It is submitted on behalf of petitioner that petitioner is not named in the F.I.R. and his name has come in the confessional statement of co-accused. It is further submitted that the petitioner is in custody since 30-07-2019 and he is having

Patna High Court CR. MISC. No.74746 of 2019(2) dt.27-11-2019 2/2 clean antecedent. In the case, chargesheet has also been submitted and as such, there is no chance of tampering with the evidence.

Considering the aforesaid facts and circumstances as well as the fact that petitioner's name has come only in confession, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - VIth, Nawada in connection with Kashichak P.S. Case No. 110 of 2019, on the following conditions:

(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

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

(Prabhat Kumar Singh, J.) anay U T