Ranjay Manjhi @ Rajay Manjhi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14394 of 2019 Arising Out of PS. Case No.-95 Year-2018 Thana- MANPUR District- Nalanda ====================================================== 1.
RANJAY MANJHI @ RAJAY MANJHI, aged about 25 years, Male, Son of Ramphal Manjhi 2.
Chhedi Manjhi @ Ajay Manjhi, aged about 30 years, Son Ramphal Manjhi 3.
Meena Devi, aged about 60 years, Femal, Wife of Ramphal Manjhi, all Residents of Village - Alodiya, P.S.- Manpur, Distt - Nalanda ... Petitioners
Versus
THE STATE OF BIHAR ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Uday Prasad, Adv.
For the Opposite Party :
Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 12-03-2019 Heard the learned counsel for the petitioners and the learned counsel appearing for the State.
The petitioners no. 1 and 2 are languishing in judicial custody since 07.07.2018 and petitioner no. 3 is languishing in judicial custody since 05.09.2018 in connection with S. Tr. No. 622 of 2018 arising out of Manpur P.S. Case No. 95 of 2018 for the offences alleged under Sections 147, 148, 149, 448, 341, 323, 337, 338, 504 and 302 of the Indian Penal Code. The prosecution case, as lodged by the informant, is that the petitioners along with five other persons named in the first information report arrived at his house and started abusing. When his father objected they assaulted him by bricks, stones, lathi, paina and also sat on his chest and brutally assaulted him,
Patna High Court CR. MISC. No.14394 of 2019(2) dt.12-03-2019 2/3 resultantly he succumbed to the injuries.
It has been submitted by the learned counsel for the petitioners that they are innocent, bear no criminal antecedent and have been falsely implicated in the aforesaid case. He, further, submits that general and omnibus allegations have been levelled against all the eight accused named in the first information report, including the petitioners, and one of the accused had prayed for bail in Cr. Misc. No. 75758 of 2018 before this Court in which case diary was received and the from the post mortem report it appeared that there was no external injury on the body of the deceased and cause of death was opined due to haemorrhagic and neurogenic shock, hence, bail was granted by the coordinate Bench of this Court vide order, dated 21.01.2019. Petitioners undertake to cooperate in the trial on day-to-day basis.
However, the learned Additional Public Prosecutor for the State opposes the prayer for bail.
Considering the facts and circumstances and that on similar allegations another co-accused has been granted the privilege of bail, let the petitioners, above named be released on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in
Patna High Court CR. MISC. No.14394 of 2019(2) dt.12-03-2019 3/3 connection with S. Tr. No. 622 of 2018 arising out of Manpur P.S. Case No. 95 of 2018 to the satisfaction of the learned Sessions Judge, Nalanda at Biharsharif, subject to the following conditions :
(i) One of the bailors of each of the petitioners would be a close relative having sufficient immovable property, who will file an affidavit stating his/their relationship(s) with the petitioner(s).
(ii) Petitioners will appear before the learned Court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his/their bail bond(s).
(Nilu Agrawal, J) Shamshad/- U T