Umesh Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85412 of 2019 Arising Out of PS. Case No.-68 Year-2013 Thana- BODHGAYA District- Gaya ====================================================== UMESH MANJHI Son of Pairu Manjhi @ Munarik Manjhi Resident of Village - Amawan, P.S.- Bodhgaya, Distt - Gaya. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kr. Sinha For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-01-2020 Heard learned counsel for the parties.
Petitioner who is in custody seeks bail in a case registered for the offence punishable under Sections 147, 148, 149, 323, 341, 342, 307, 302, 333, 337, 338, 224, 358, 379 and 120B of the Indian Penal Code.
Informant in his written complaint has stated that some others were arrested by the police in connection with a murder case and while petitioners were being taken by the police, they raised alarm, which attracted the villagers, who attacked on police party but anyhow the situation was taken under control by the police party by restoring to fire. However, one constable was killed in the aforesaid occurrence by the villagers and his dead body was recovered later on. It is submitted on behalf of the petitioner he is not
Patna High Court CR. MISC. No.85412 of 2019(2) dt.07-01-2020 2/3 named in FIR and later on he had been made accused on the basis of being member of the mob. Similarly, situated coaccused persons have been granted bail by co-ordinate benches of this Court vide orders dated 14.08.2018 in Criminal Miscellaneous No. 34129 of 2018, 04.02.2019 in Criminal Miscellaneous No. 6095 of 2019, 18.02.2019 in Criminal Miscellaneous No. 7287 of 2019, 06.03.2019 in Criminal Miscellaneous No. 13002 of 2019, 13.09.2019 in Criminal Miscellaneous No. 41065 of 2019 and 13.09.2019 in Criminal Miscellaneous No. 41123 of 2019. Petitioner is in custody since 24.05.2019.
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 Bodh Gaya P.S. Case No. 68 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 properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the
Patna High Court CR. MISC. No.85412 of 2019(2) dt.07-01-2020 3/3 court below.
(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) ranjan/- U