High Court Patna High Court - Orders

Ramjee Manjhi vs The State Of Bihar on 5 August, 2011

Patna High Court – Orders
Ramjee Manjhi vs The State Of Bihar on 5 August, 2011
             IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Cr.Misc. No.9047 of 2011
Ramjee Manjhi, son of late Jethu Manjhi, resident of Village
Bhagwan Chowk Tola Chabar, P.S. Wazirganj (Temkuppa), Dist. Gaya.
                                                -------- Petitioner
                               Versus
The State f Bihar                              -------- Opp. Party
                            -----------

3 05.8.2011 Heard learned counsel for the

petitioner. No one appears on behalf of the

State.

The prayer of the petitioner for

bail was earlier rejected by order dated

16.10.2009 in Cr. Misc. No. 32018 of 2009

wherein the trial court was directed to

expedite the trial and complete the same

within a period of nine months.

When this bail application was filed

on 10.3.2011, even after the expiry of a

period of much more than nine months, with a

grievance that the trial of the petitioner

has not yet been taken up, a report was

called for from the trial court. In the

resultant report dated 20.5.2011, it has been

stated by the trial court that the charges

were framed against the petitioner on

27.4.2011 and thereafter, not a single

witness has appeared till date.

Considering the aforementioned

aspects and taking into account the
2

petitioner is in custody for more than three

and half years, this Court would direct for

release of the petitioner, namely, Ramjee

Manjhi on bail on furnishing bail bond of Rs.

10,000/- (ten thousand) with two sureties of

the like amount each to the satisfaction of

Additional Sessions Judge, F.T.C. Vth, Gaya

in connection with Sessions Trial No. 202 of

2010 / 735 of 2011 arising out of Wazirganj

P.S. Case No. 75 of 2007, subject to the

following conditions:-

(i) The two bail bonds will be
furnished, one by the Government
servant and the other by a close
family relative.

(ii) The petitioner will
remain present in course of trial on
each and every day and his absence
even for a single day would
automatically entail the consequences
of cancellation of his bail.

(iii) The petitioner in case
is now made accused in any other
criminal case, that would itself lead
to cancellation of his bail.

Subject to the aforementioned

conditions, the prayer for bail of the

petitioner is allowed.

(Mihir Kumar Jha, J.)
Rsh