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Patna High CourtCR. MISC./9638/2020bail granted

Amit Kumar Manjhi v. The State Of Bihar

2020-06-02Mr. Justice Prabhat Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9638 of 2020 Arising Out of PS. Case No.-145 Year-2019 Thana- RAGHUNATHPUR District- Siwan ====================================================== AMIT KUMAR MANJHI S/o Sanjay Manjhi, R/o Village- Amwari, P.S.- Raghunathpur, Distt- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-06-2020 Heard both sides through Video Conferencing.

Petitioner seeks bail in Raghunathpur P.S. Case No.145 of 2019 registered under Sections 302, 354B and 34 of the IPC.

The informant (widow of the deceased) alleged that Amit Kumar Manjhi (petitioner) and Angad Kumar Manjhi came to a shop situated in front of the house of the informant. They took cigarette and when the shopkeeper demanded the price of the cigarette, they picked up quarrel. There was hue and cry but in the meantime Jaichand Ram came and pacified the matter. Amit Kumar Manjhi and Angad Kumar Manjhi went to their house but on the next day (14.07.2019) they again came along with Sri Bhagwan Manjhi, Sri Ram Manjhi, Bambam

Patna High Court CR. MISC. No.9638 of 2020(3) dt.02-06-2020 2/3 Manjhi, Yogendra Manjhi, Ritesh Manjhi, Dilip Manjhi and Suraj Manjhi. They were armed with iron rod and lathi and began to assault the husband of the informant. The husband of the informant fell down on the ground and died. One Ajit Manjhi torn her blouse and started teasing her. Learned counsel for the petitioner submits that nine persons are alleged to have assaulted the husband of the informant and Ajit Manjhi is said to have torn the blouse of the informant and started teasing her. The deceased got one injury on his head although nine persons are alleged to have indiscriminately assaulted the husband of the informant. On this ground Sri Bhawan Manjhi, Sri Ram Manjhi, Bambam Manjhi and Yogendra Manjhi have been granted anticipatory bail by a coordinate bench of this court vide order dated 16.12.2019 passed in Cr.Misc.No.75946 of 2019.

Learned A.P.P., however, opposed the prayer for bail but did not dispute the fact that only one injury was found on the head of the deceased and four accused persons, whose case exactly stands on the same footing as that of the petitioner, have already been granted anticipatory bail.

Having considered the facts aforesaid, the petitioner named above is directed to be released on bail on furnishing bail

Patna High Court CR. MISC. No.9638 of 2020(3) dt.02-06-2020 3/3 bond of Rs.10,000/-(rupees ten thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M.-VIII, Siwan in connection with Raghunathpur P.S. Case No.145 of 2019.

(Prabhat Kumar Jha, J) Harish/- U T