Bau Manjhi And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53391 of 2015 Arising Out of PS.Case No. -171 Year- 2015 Thana -CHANDAUTI District- GAYA ======================================================

1. Bau Manjhi, Son of Late Ram Dhyan Manjhi

2. Bholi Manjhi, Son of Vishundhari Manjhi Both Resident of VillageDashin Bigha, P.S.- Chandauti (Chakan), District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kundan Kumar For the Opposite Party/s : Mr. Uday Pratap Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-01-2016 Heard learned counsel for the petitioners and learned A.P.P. representing the State.

Petitioners seek bail in connection with Chandauti (Chakand) P.S. Case No. 171 of 2015 registered for the offence punishable under Section 394 of the Indian Penal Code. Allegedly 3-4 unknown miscreants being armed with Lathi and Danda stopped the maruti vehicle of the informant and when the informant came down, he was assaulted by them causing injury on his head and further Md. Sayeed was also assaulted and they snatched Rs. 5,000/- from the pocket of the informant but in the meantime, police patrolling came and then they started fleeing away. However, two miscreants (petitioners) were caught and they stated the name of their associates.

Submission is of false implication and that the petitioners have been made victim of the circumstances, nothing

Patna High Court Cr.Misc. No.53391 of 2015 (3) dt.19-01-2016 2/2 has been recovered from their possession and they are suffering in custody since 20.07.2015, having no criminal antecedent. The learned A.P.P. submits that the petitioners were caught after chase but it is true that the snatched amount was not recovered.

In the facts and circumstances stated above, considering the detention of the petitioners and further that chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence and, as such, the petitioners, above named, are directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Learned Chief Judicial Magistrate, Gaya arising out of Chandauti (Chakand) P.S. Case No. 171 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioners from privilege of bail.

(Jitendra Mohan Sharma, J) sushma/- U T