Mukesh Manjhi @ Nanhka Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5684 of 2023 Arising Out of PS. Case No.-188 Year-2021 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== 1.
Mukesh Manjhi @ Nanhka Manjhi Son of Ramdev Manjhi @ Nanka Manjhi R/o vill - Matihani, P.S. - Magadh University, Distt. - Gaya 2.
Bilash Manjhi Son of Jageshwar Manjhi @ Jageshar Manjhi R/o vill - Mora Mardana, P.S. - Magadh University, Distt. - Gaya ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Binod Manjhi Son of Late Chhote Lal Manjhi R/o vill - Dadpur, P.S. - Magadh University, Distt. - Gaya ... ... Respondent/s ====================================================== Appearance :
For the Appellants :
Mr. Aryan Singh, Advocate For the Respondent/s :
Mr. Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 10-04-2024 Heard Ld. counsel for the Appellant and learned APP for the State.
2. The Appellants seek bail in connection with SC/ST Trial No. - 35 of the 2023 arising out of Magadh University P.S. Case No. 188 of 2021, registered for the offences punishable under Sections 370, 374, 34 of the Indian Penal Code, 14(1) of the Child Labour Adolescent Act and Sections 3(i)(r) (s), 3(ii), (v-a) of the SC /ST (Prevention of Atrocities) Act.
3. Ld. counsel for the Appellants submits that the Appellants had moved this Court earlier for regular bail vide Cr. Appeal (SJ) No. 3246 of 2022, which was rejected with an
Patna High Court CR. APP (SJ) No.5684 of 2023(3) dt.10-04-2024 2/3 observation that if the trial is not concluded within a period of six months, the Appellants will be at liberty to renew their prayer for bail. He further submits that since the trial has not been concluded in the stipulated time, the Appellants, vide present application, has renewed their prayer for bail.
4. Ld. APP for the State opposes the prayer of the Appellants for bail.
5. Considering the aforesaid facts and circumstances, particularly the fact that the trial has not yet been concluded, this application is allowed, directing the Appellants, above named, to be enlarged on bail on their furnishing bail bonds in the sum of Rs. 10,000 - (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. Exclusive Special judge, SC/ST, Gaya in connection with SC/ST Trial No. - 35 of the 2023 arising out of Magadh University P.S. Case No. 188 of 2021 on the following conditions:
(i) The Appellants will make themselves available for interrogation by a police officer/court as and when required. (ii) The Appellants will undertake that investigation/trial will not get hampered on account of their absence or non-cooperation. They must be available to the police or the court whenever their presence is required.
Patna High Court CR. APP (SJ) No.5684 of 2023(3) dt.10-04-2024 3/3 (iii) The Appellant shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any police officer. (iv) In case, it is brought to the notice of the court below that the Appellants have any criminal antecedent, Ld. court below shall cancel the bail bond of the Appellants after hearing them and getting satisfied that the Appellants have concealed their criminal antecedent despite their knowledge of the same. (v) In case, it is brought to the notice of the court below that statement regarding the previous bail petition is wrong, Ld. Court below shall cancel the bail bond of the Appellants. (Jitendra Kumar, J) chandan/- U T