In an oral order, the Patna High Court granted bail to Binod Manjhi, a co-accused in a case involving murder and sexual assault, subject to conditions including a bail bond and affidavit from a relative.
Enlargement on bail furnishing a bond of Rs. 10,000 with two sureties and satisfying specified conditions regarding surety affidavit and court appearance.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34814 of 2018
Arising Out of PS. Case No.-506 Year-2016 Thana- MASAURHI District- Patna
======================================================
Binod Manjhi son of Latodar Manjhi @ Lafodar Manjhi resident of village - Basdih, Police Station - Masaurhi, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Smt. Anusuiya Jaiswal ======================================================
CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER
2 27-06-2018
Heard learned counsel for the petitioner and learned
APP for the State.
Petitioner had earlier moved for bail along with three other co-accused which was rejected vide order dated 12.10.2017 passed in Cr. Misc. No. 41738 of 2017.
Petitioner is languishing in judicial custody since 24.03.2017 in connection with Sessions Trial No. 514 of 2017 arising out of Masaurhi P.S. Case No. 506 of 2016 for offences punishable under Sections 454, 354 (A), 354 (B), 341, 323, 302/34 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that while she and her daughter was sleeping in the house the petitioner along with others forcibly entered the house and tried to commit rape and assaulted them. The next day the informant’s
Patna High Court Cr.Misc. No.34814 of 2018(2) dt.27-06-2018 2/3
daughter called her uncle Vinesh Manjhi, who scolded them on which co-accused Niranjan Manjhi inflicted khanti blow and other co-accused inflicted lathi and danda blow on which he got seriously injured and while taking to the hospital he succumbed to the injuries.
It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case. He submits that specific allegation is upon co-accused Niranjan Manjhi of inflicting khanti blow on the deceased and his case is similar to that of other co-accused Badaru Manjhi, who has been granted the privilege of bail in Cr. Misc. No. 26631 of 2018 vide order dated 02.05.2018. He further submits that charges have been framed and the petitioner is ready to co-operate in the trial on day-to-day basis.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioner, above named, 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 Additional Sessions Judge-V, Patna in connection with Sessions
Patna High Court Cr.Misc. No.34814 of 2018(2) dt.27-06-2018 3/3
Trial No. 514 of 2017 arising out of Masaurhi P.S. Case No. 506 of 2016, subject to the following conditions :
(ii) Petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.
(Nilu Agrawal, J)
Rajesh/Pragya
1 issue framed by the court
Whether to grant bail to the petitioner charged with murder and sexual assault while in judicial custody.
Binod Manjhi
The State of Bihar
Nilu Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
