Preman Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16851 of 2024 Arising Out of PS. Case No.-229 Year-2022 Thana- NIMCHAKBATHANI District- Gaya ====================================================== Preman Manjhi Son of Late Jagdish Manjhi Resident of vill.-Natesar, TolaRajabigha also known as Rajendra Nagar, P.S.-Neemchak Bathani, Distt.- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahendra Prasad Bhartee, Advocate For the Opposite Party/s :

Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 14-03-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Neemchak Bathani P.S. Case no.229 of 2022 registered under sections 307, 147, 148, 149, 323, 341, 504, 506, 448, 379 and 354B of the Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, the informant states that the sixteen named accused persons including the petitioner herein came variously armed. The petitioner is said to have given a blow with iron rod on the husband of the informant leading to serious injuries.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. There is case

Patna High Court CR. MISC. No.16851 of 2024(2) dt.14-03-2024 2/2 and counter case between the parties, the correct version having been given in the F.I.R. lodged by the petitioner's side which is Annexure-2 to the petition. It is submitted that the injury found on the husband of the informant which is attributable to this petitioner has been found to be simple in nature. The petitioner is in custody since 10.12.2023 and chargesheet has been submitted in the case.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R., there being case and counter case between the parties, the injury attributable to the petitioner on the husband of the informant having been found to be simple in nature together with the petitioner having remained in custody since 10.12.2023, the Court directs the petitioner to be enlarged on bail in connection with Neemchak Bathani P.S. Case no.229 of 2022 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Gaya.

(Partha Sarthy, J) Saurabh/- U T