IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.34267 of 2009 RIGAN MANJHI @ KHONA MANJHI, SON OF SHIBDANI MANJHI, R/O VILLAGE – KHAIRA, P.S. – KAJRA, DISTT. – LAKHISARAI ……………………………….. PETITIOENR Versus THE STATE OF BIHAR …………..….. OPPOSITE PARTY. ----------- For the Petitioner:- Mr. Jyoti Ranjan Jha, Advocate. For the State:- Mr. R.P.S. Singh, A.P.P. ----------- 3. 18.12.2009. Heard learned counsel for the petitioner and learned A.P.P. appearing on behalf of the State. Petitioner seeks bail in a case registered under Sections 396 and 397of the Indian Penal Code and Section 17 of the C.L.A. Act. Allegation as per the first information report is that 50-60 male members along with 20-25 female members after sprinkling chilly powder upon the escort party snatched away their rifles and cartridges and they had also assaulted the escort party. When Constable, Ganesh Singh opposed, the miscreants fired upon him, as a result of which he died. The miscreants also assaulted the passengers of the train and snatched away the weapons of the escort party. It has been submitted on behalf of the 2 petitioner that petitioner is not named in the first information report and though he is in judicial custody since 30.03.2009, he has not been put to any T.I. Parade. It is further submitted that his name has surfaced on the basis of the statement of a witness, Murari Das, who during the course of investigation had disclosed that the petitioner and one Ravidas were seen at Bariyarpur on the occasion of Sahadat Divas and after the alleged occurrence, he was also seen going towards south hill along with 50-60 armed Naxali by giving slogan MAOBADI JINDABAD. It is further submitted that in similar manner in another case bearing Surajgarha / Kajra P.S. Case No. 170/2008, petitioner has been made accused as he was seen by some person. In that case, about 150 members had participated. Learned counsel submitted that none of them had identified the petitioner to be at the place of occurrence at that time. Only on the basis of suspicion he has been made accused in this case. Learned counsel for the State submitted that the petitioner is also involved in another case, 3 however, learned counsel for the petitioner has produced a certified copy of the order dated 21.08.2009 passed in B.p. No. 149(L)/09 showing that he has been granted bail by the Sessions Judge in that case. Let the certified copy be kept on record. Learned counsel for the State further submitted that he was seen at Bariyarpur by one Murari Das after the alleged occurrence going towards south hill along with 50-60 armed Naxali raising slogans. Having regard to the facts and circumstances of the case, I direct the petitioner, namely, Rigan Manjhi @ Khona Manjhi to be released on bail on his furnishing bond in the sum of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri S.D. Dwivedi, Railway Judicial Magistrate, Kiul in connection with G.R.P./Jamalpur P.S. Case No. 37/08, subject to the condition that one of the bailors must be either the family member or close relative of the petitioner, who shall swear an 4 affidavit before the concerned court giving complete genealogy showing his relationship with the petitioner. It is also made clear that if the petitioner, after his release in this case, again involves himself in a criminal case of similar nature, it would be open for the concerned court to take steps for cancellation of his bail bonds. dk ( Dr. Ravi Ranjan, J. )