Chandeshwar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23212 of 2021 Arising Out of PS. Case No.-329 Year-2020 Thana- DHAKA District- East Champaran ====================================================== CHANDESHWAR MANJHI S/O RAMDDIN MANJHI, R/o villageYadopur Nanhkar (Nankar), P.S.- Dhaka, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-08-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Sections 147, 148, 149, 323, 324, 307 of the Indian Penal Code and later on vide order dated 26.08.2020 added under Section 302 of the Indian Penal Code.. Prosecution case, in brief is that as per FIR, when the informant went to resolve the issue of the petitioner and other co-accused persons, he was assaulted with lathi, danda and Dav on his head due to which he got injured. On Halla, the villagers

Patna High Court CR. MISC. No.23212 of 2021(2) dt.16-08-2021 2/3 came for the rescue of the informant and took him to Dhaka Referral Hospital from where he was referred to S.K.M.C.H., Muzaffarpur.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that there is general and omnibus allegation against the petitioner. All accused persons including the petitioner had assaulted with the lathi, danda and dab to the informant. There is no specific overt act against the petitioner. The petitioner is languishing in judicial custody since 30.08.2020. The petitioner has got no criminal antecedent which is mentioned in para 3 of the bail petition. The similarly situated co-accused has been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 19.07.2021 passed in Cr. Misc. No.852/2021.

Learned APP for the State vehemently opposed the prayer for bail application.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Dhaka P.S. Case No. 329/2020 to the

Patna High Court CR. MISC. No.23212 of 2021(2) dt.16-08-2021 3/3 satisfaction of learned Court below where the case is pending/ successor Court.

(Anjani Kumar Sharan, J) amitkumar/- U T