Nandey Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27475 of 2017 Arising Out of PS.Case No. -96 Year- 2014 Thana -GAYA MUFFSIL District- GAYA ====================================================== Nandey Manjhi, son of Late Samli Manjhi, resident of Village- Sikhar, Police Station- Mofassil, District- Gaya.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kunwar Narayan Jamuar For the Opposite Party/s : Mr. Sri Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 04-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 20.12.2016 in connection with Muffasil P.S. Case No. 96 of 2014 for offences punishable under Sections 147, 148, 149, 341, 323, 504 and 307 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case, as lodged by the informant, is that while he was sitting in his house the petitioner along with three others entered his house and started abusing and assaulted the informant with fists and slaps. The allegation upon the petitioner is that he gave gun shot injury on the right side chest of the informant.

It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.27475 of 2017 (6) dt.04-10-2017 2/3 petitioner that he is innocent and bears no criminal antecedent. He submits that both the petitioner and the informant are agnates and there is a partition dispute between the parties as such he has been falsely implicated. He submits that chargesheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner. However, learned APP for the State opposes the prayer for bail.

In this connection the latest injury report was called for from the learned court below as the injured informant was referred to P.M.C.H. A letter has been received by letter no. 120 of 2017 dated 18.09.2017 from the court of the Additional District and Sessions Judge-IVth, Gaya that on inquiry from the P.M.C.H. it came to light that the injured informant only took gate pass but did not undergo any treatment.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Gaya in connection with Mufassil P.S. Case No. 96 of 2014, subject to the condition that both the bailors would be close relative of the

Patna High Court Cr.Misc. No.27475 of 2017 (6) dt.04-10-2017 3/3 petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner. (Nilu Agrawal, J) Devendra/- U T