Bilash Manjhi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29335 of 2015 Arising out of PS.Case No. -61 Year- 2014 Thana -MAGADH UNIVERSITY District- GAYA ======================================================

1. Bilash Manjhi S/o Chauti Manjhi.

2. Lakhan Manjhi, S/o Badhan Manjhi, resident of Village Arjun Bigha, P.S. Magadh University, District Gaya.

.... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Rakesh Kumar, Advocate. For the Opposite Party : Mr. Ambika Bhagat(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-08-2015 The petitioners are languishing in custody since 20.02.2015 in connection with Magadh University P.S. Case No. 61 of 2014 for the offences instituted under Sections 147, 149, 341, 323, 325, 302, 504 of the I.P.C. and 3(2)(V) of the SC/ST (Prevention of Atrocities) Act.

Heard learned counsel for the petitioners and learned counsel for the State.

The prosecution story, in brief, is that the father of the informant Munshi Manjhi was worshiper of "Daak-Babba" and people were saying him Bhagat Jee and on the day of occurrence, petitioner Lakhan Manjhi alongwith others came to Dewas to meet Bhagat and when they returned in village, they told that father of informant had already killed 17 people of village due to his

Patna High Court Cr.Misc. No.29335 of 2015 (2) dt.05-08-2015 2/2 devotion to ghost Daak Baaba and taking this matter at about 10 A.M. in the village convened a Panchayati and informant and his father both were called in panchayati and they(accused including petitioners) after blaming to father of informant started abusing and assault and due to their assault, father of informant sustained serious injuries and he was admitted to Government hospital and he died in course of treatment.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 20.02.2015 and the charge sheet has been submitted in the present case. It is further submitted that the petitioners have got no criminal antecedent. There is no specific allegation against the petitioners. The main allegation is against Bhola Manjhi, Umesh Manjhi and Surendra Manjhi. On behalf of the State it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM, Gaya, in connection with Magadh University P.S. Case No. 61 of 2014. U.K./- (Sudhir Singh, J) U T