Faksu Manjhi @ Khakhsu Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82973 of 2019 Arising Out of PS. Case No.-93 Year-2013 Thana- LAXMIPUR District- Jamui ====================================================== Faksu Manjhi @ Khakhsu Manjhi S/o Basdeo Manjhi R/o Chinberiya, P.S.- Laxmipur, District- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-12-2019 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 395 and 412 of the Indian Penal Code.

Informant has alleged that while they were returning with Barati party, some unknown/unidentified miscreants on strength of arms started looting the Barati party. It is submitted on behalf of the petitioner submits that he has no criminal antecedent and has been falsely implicated in this case and nothing has been recovered from his possession and he has been implicated in this on the basis of confessional statement made by co-accused Damodar Yadav and except confession statement, there is no incriminating material against him. Similarly situated co-accused, Damodar Yadav, on whose confession, name of the petitioner surfaced in this case, has been

Patna High Court CR. MISC. No.82973 of 2019(2) dt.13-12-2019 2/2 granted bail by a co-ordinate Bench of this Court in Cr. Misc. No. 42626 of 2013 vide order dated 02.04.2014. The petitioner is in custody since 03.09.2019. Petitioner has no criminal antecedent.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Laxmipur P.S. Case No. 93 of 2013, with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be property represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

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

(S. Kumar, J) S.Katyayan/- U T