Jitendra Manjhi vs State of Jharkhand

Heard, learned counsel for the petitioner, Rajesh Kr. Singh and learned counsel for the State, Mrs. Priya Srestha, learned Additional Public Prosecutor.

Learned counsel for the petitioner has submitted that petitioner has prayed for grant of regular bail in connection with Sadar P.S. Case No.93 of 2020, for the offence registered under Sections 25 (1-B) (a)/ 26 of the Arms Act.

Learned counsel for the petitioner has submitted that earlier the Police has instituted Sadar P.S. Case No.53 of 2020 for the offence registered under Section 392 IPC. During investigation, this petitioner was apprehended in the said case and on his confession, country-made pistol has been recovered and thereafter a fresh case vide Sadar P.S. Case No.93 of 2020 under Sections 25 (1-B) (a)/ 26 of the Arms Act has been registered.

Learned counsel for the petitioner has further submitted that the petitioner is in custody since 15.04.2020 which has wrongly been mentioned as 15.05.2020 in the earlier order dated 06.10.2020 passed in B.A. No.7710 of 2020.

Learned counsel for the State, Mrs. Priya Srestha has submitted that arguing State counsel, Mr. Rakesh Ranjan has been tested Corona Positive, as such, the case may be adjourned.

After hearing, learned counsel for the parties and since the present case is under the Arms Act and the petitioner is in custody for more than one year, as such, this Court is inclined to enlarge the petitioner on bail.

Accordingly, petitioner (Jitendra Manjhi), is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Chatra in connection with Sadar P.S. Case No.93 of 2020 on the following conditions:-

(i) One of the bailors shall be deponent/parivikar of the present case namely, Raj Kumar Manjhi, S/o Karu Manjhi, R/o Village- Patwari, P.O. & P.S.- Phatepur, District- Gaya, Bihar, who has furnished photocopy of his UID Card before this Court in the bail application.

Office is directed to send photo copy of the UID Card of deponent along with this order to the court below so as to verify the authenticity of the bailor.

(ii) Another bailor shall be close relatives of the petitioner i.e. wife/son of the petitioner and if they are not there, then the same shall be mother/brother/sister.

(iii) Petitioner shall appear before the learned trial court on each and every date fixed for his appearance, failing which the learned trial court shall cancel the bail bonds of the petitioner.

(iv) The Jail Authority shall release the petitioner only after his medical check- up.

(v) The Civil Surgeon, Chatra is directed to medically examine the petitioner at the time of his release and if requires, petitioner shall be taken for quarantine, but if no such requirement is there, he shall be released forthwith, if not wanted in any other case.

(vi) Petitioner shall also comply with all the guidelines issued by the Government to meet the challenges of Covid-19, as the country is passing through Pandemic of Covid-19.