Janta Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13615 of 2023 Arising Out of PS. Case No.-648 Year-2022 Thana- BANKA District- Banka ====================================================== Janta Manjhi S/O Late Lal Mohan Manjhi R/O Village- Bishahara, P.S. And Distt- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Singh, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 23-05-2023 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

The accused/petitioner is named in the F.I.R. and apprehended his arrest in connection with Banka P.S. Case No.648 of 2022 registered for the offences punishable under Sections 341, 323, 504, 308 and 34 of the Indian Penal Code. The allegation against the petitioner is to assault informant alongwith other co-accused persons, causing head injury, having intention to cause death, where occurrence arises out of neighborhood disputes and differences. Learned counsel appearing on behalf of the petitioner submitted that only single injury appears to be caused by this petitioner which is simple in nature as per medical report,

Patna High Court CR. MISC. No.13615 of 2023(2) dt.23-05-2023 2/2 suggesting that same is not sufficient to cause death in ordinary course of nature. It is submitted that alleged assault is single without having any intervening circumstance, negating intention to cause death on its face. While concluding the argument it is submitted that petitioner is a man of clean antecedent. Learned APP appearing on behalf of the State, opposes the prayer for bail.

In view of the facts and circumstances as mentioned above and by taking note of the allegations where nature of injury appears simple, accordingly the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka/concerned Court below where the case is pending in connection with Banka P.S. Case No.648 of 2022 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Chandra Shekhar Jha, J.) S.Tripathi/- U T