Patna High CourtCR. MISC./78038/2019allowed

Foto Manjhi @ Ramkeshwar Manjhi @ Rameshwar Manjhi v. The State Of Bihar

2019-12-04Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78038 of 2019 Arising Out of PS. Case No.-76 Year-2019 Thana- KASHICHAK District- Nawada ====================================================== FOTO MANJHI @ RAMKESHWAR MANJHI @ RAMESHWAR MANJHI Son of Mahavir Manjhi R/o Village- Mananchak, Gopalpur, P.S.- Warisaliganj, District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 365, 302, 201 and 34 of the I.P.C.

The prosecution case in short is that the grand son of the informant left house and later did not return. Learned counsel for the petitioner submits that the petitioner is in custody since 13.08.2019 and petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The name of the petitioner has transpired on the basis of confession of co-accused. There is no

Patna High Court CR. MISC. No.78038 of 2019(2) dt.04-12-2019 2/2 eye witness to the alleged occurrence. Except for this, there is no other substantive evidence to suggest his implication in the present case.

Learned counsel for the petitioner submits that similarly situated co-accused has already been granted bail by co-ordinate Bench of the Court vide order dated 26.09.2019 passed in Cr. Misc. No. 57241 of 2019.

In the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.- VI, Nawada in connection with Kashichak (Shahpur) P.S. Case No. 76/2019.

(Anjani Kumar Sharan, J) kamlesh/- U T