Chhotu Manjhi Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Chhotu Manjhi Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Release of petitioner Chhotu Manjhi on regular bail upon furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned A.D.J. XII, Gopalganj, in connection with Mahammadpur P.S. Case No.278 of 2022.

Issue for consideration

Whether petitioner Chhotu Manjhi, charged under Section 395 IPC in connection with Mahammadpur P.S. Case No. 278 of 2022 (miscreants in a Maruti Swift overtook the informant's car and snatched the key at pistol point), is entitled to release on regular bail - balancing counsel's submissions (innocence, not named in F.I.R., no recovery, remand merely on suspicion, no T.I.P. conducted, charge sheet filed, custody since 19.07.2023, parity with bailed co-accused) against the State's objection founded on seven criminal antecedents.

Court's answer

Considering the facts and circumstances of the case, the submissions of learned counsel for the parties and the period of custody, the Court directed that the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned A.D.J. XII, Gopalganj, in connection with Mahammadpur P.S. Case No. 278 of 2022.

Detailed headnote1 paragraphs

REGULAR BAIL GRANTED - Chhotu Manjhi, Son of Krishna Manjhi, remanded in Mahammadpur (cause-list: MOHAMMADPUR) P.S. Case No. 278 of 2022, District Gopalganj, registered under Section 395 of the Indian Penal Code, arising from the prosecution allegation that unknown miscreants in a Maruti Swift overtook the informant's car and, on the point of a pistol, snatched his key and fled away with the vehicle. Counsel urged that the petitioner is innocent and falsely implicated, is not named in the F.I.R., no incriminating material was recovered, he was remanded merely on suspicion, no T.I.P. was conducted, the charge sheet has already been submitted, he has been in custody since 19.07.2023, and parity existed with similarly situated co-accused Vishal Kumar, Sharma Singh @ Samar Singh @ Shama Singh and Bir Bahadur Singh, who had been granted bail vide orders dated 20.12.2023, 01.12.2023 and 08.01.2024 passed in Cr. Misc. Nos. 75729, 76582 and 81440 of 2023. The learned APP opposed the prayer on the ground that the petitioner has seven criminal antecedents. Considering the facts, circumstances, submissions and period of custody, the single-Judge Bench released the petitioner on bail against bonds of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of A.D.J. XII, Gopalganj (Oral Order of Sunil Dutta Mishra, J., dt. 13-03-2024).

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21026 of 2024

Arising Out of PS. Case No.-278 Year-2022 Thana- MOHAMMADPUR District- Gopalganj

======================================================

Chhotu Manjhi Son of Krishna Manjhi R/o Shyam Cinema Road Purani More, Gopalganj, P.S.- Gopalganj Town, Dist.- Gopalganj.

... ... Petitioner/s

Versus The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Pandey, Advocate. For the Opposite Party/s : Mr. Khurshid Anwar, APP. ======================================================

CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

2 13-03-2024

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner seeks regular bail in connection with Mahammadpur P.S. Case No.278 of 2022, registered for the offences punishable under Section 395 of the Indian Penal Code.

As per prosecution case, some unknown miscreants boarded with Maruti Swift vehicle overtook the Car of the informant and on the point of pistol they have snatched his key and fled away with the vehicle.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that petitioner is not named in the F.I.R. and no incriminating material has been recovered from his possession but merely on suspicion he has been remanded in this case. No T.I.P. has been conducted and the charge sheet has already been

Patna High Court CR. MISC. No.21026 of 2024(2) dt.13-03-2024 2/2

submitted in this case. He further submits that similarly situated co-accused persons namely Vishal Kumar, Sharma Singh @ Samar Singh @ Shama Singh and Bir Bahadur Singh have been granted bail by this Court as well as Co-ordinate Bench of this Court vide orders dated 20.12.2023, 01.12.2023 & 08.01.2024 passed in Cr. Misc. No.75729 of 2023, Cr. Misc. No.76582 of 2023 & Cr. Misc. No.81440 of 2023 respectively. He also submits that petitioner is in custody since 19.07.2023.

Learned APP for the State has opposed the prayer for regular bail of the petitioner on the ground that petitioner has seven criminal antecedents.

Considering the facts and circumstances of the case and the submissions of learned counsel for the parties and period of custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. XII, Gopalganj in connection with Mahammadpur P.S. Case No.278 of 2022.

(Sunil Dutta Mishra, J)

Ritik/-

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