Nanhu Manjhi @ Nnhu Manjhi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8657 of 2019 Arising Out of PS. Case No.-693 Year-2017 Thana- BODHGAYA District- Gaya ======================================================

1. Nanhu Manjhi @ Nnhu Manjhi and Ors Son of Somar Manjhi R/o villageEstalin Nagar, P.S- Cherki ( Bodh-Gaya), Dist-Gaya

2. Surendra Manjhi Son of Shivan Manjhi R/o village- Estalin Nagar, P.SCherki ( Bodh-Gaya), Dist-Gaya

3. Ramdayal Manjhi Son of Nathun Manjhi R/o village- Estalin Nagar, P.SCherki ( Bodh-Gaya), Dist-Gaya

4. Nathun Manjhi Son of Mangar Manjhi @ Etwar Manjhi R/o village- Estalin Nagar, P.S- Cherki ( Bodh-Gaya), Dist-Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudhir Kumar Sinha For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-02-2019 Heard the learned counsel for the petitioners and the learned counsel for the State.

The petitioners seek regular bail in connection with Bodh Gaya (Cherki) PS case no. 693 of 2017 registered for the offence punishable under Sections 307, 302 and other sections of Indian Penal Code.

The allegation as per the prosecution is that the accused persons had engaged in assaulting the prosecution side and as far as co-accused Shivan Manjhi is concerned, he had assaulted on the head of the informant resulting in his death. The learned counsel for the petitioners has submitted that as far as the petitioners herein are concerned, general and omnibus allegations have been levelled against

Patna High Court Cr.Misc. No.8657 of 2019(2) dt.14-02-2019 2/2 them and infact though the prayer of the co-accused Shivan Manjhi for grant of regular bail has been rejected, the prayer of regular bail of similarly situated co-accused persons has already been allowed, one of such order being the order dated 18.07.2018 passed in Cr. Misc. no. 45151 of 2018. It is further submitted that the petitioners are having clean antecedent. It is further submitted that petitioners no. 1 and 2 are languishing in custody since 31.10.2018 and as far as the petitioners no. 3 and 4 are concerned, they are languishing in custody since 16.11.2018.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioners on regular bail.

Accordingly, the abovenamed petitioners are directed to be enlarged on regular bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Bodh Gaya (Cherki) PS case no. 693 of 2017.

(Mohit Kumar Shah, J) rinkee/- U T