Patna High CourtCR. MISC./18759/2016bail granted

Surendra Manjhi v. The State Of Bihar

2016-05-03Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.18759 of 2016 (2) dt.03-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18759 of 2016 Arising Out of PS.Case No. -376 Year- 2015 Thana -WAJIRGANJ District- GAYA ======================================================

1. Surendra Manjhi Son of Late Ambika Manjhi resident of Village - Persawan, P.S. - Wazirganj, District - Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kunwar Narayan Jamuar For the Opposite Party/s Mr. Subhash Chandra Mishra (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 03.05.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under section 302 and other allied sections of the Indian Penal Code. In this case, one person was killed whereas, altogether, seven persons are said to have sustained injuries. Petitioner and ten others are named in the first information report whereas four unknown persons are said to have participated in the alleged occurrence.

There is specific allegation against the petitioner in written report of the informant that the petitioner assaulted Hira Yadav by means of Garasa.

Learned counsel for the petitioner submits that annexure 2, photostat copy of the injury report of the injured Hira Yadav, goes to show that said injured sustained three injuries, out of them two

Patna High Court Cr.Misc. No.18759 of 2016 (2) dt.03-05-2016 injuries are said to have grievous in nature which were found on forearm as well as left shoulder but the aforesaid injures are said to have been caused by hard and blunt substance. It is further submitted that it is specific case of the prosecution that deceased was killed by other two accused and not by the petitioner.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya in Wajirganj P.S. Case no. 376/2015.

shahid (Hemant Kumar Srivastava,J) U T