Sarju Manjhi @ Saryu Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13486 of 2019 Arising Out of PS. Case No.-721 Year-2017 Thana- BODHGAYA District- Gaya ====================================================== Sarju Manjhi @ Saryu Manjhi, aged about 45 years, Male, Son of Jogeshwar @ Jogeshwar Manjhi, Resident of Village - Parewa, P.S.- Bodh Gaya, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Saxena For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-03-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Bodh Gaya P.S. Case No. 721/17 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307, 504 of the Indian Penal Code. Informant has alleged in his fardebyan that on 29.12.2017, Sarju Manjhi (petitioner) had kept one lady in his house which was objected by his brother Gugan Manjhi and there was altercation between them and on 30.12.2017 at 5.30 p.m. when Gugan Manjhi was returning his house, Sarju Manjhi (petitioner) and other co-accused named in the F.I.R. started assaulting him and allegation against the petitioner is of inflicting Tangi blow on the head of Gugan Manjhi causing grievous injury and when he reached there and raised alarm, all

Patna High Court CR. MISC. No.13486 of 2019(2) dt.06-03-2019 2/3 the accused named in the F.I.R. including the petitioner fled away.

Petitioner had earlier filed a bail petition which was rejected by the order dated 25.09.2018 passed in Cr. Misc. No.43192/18 as contained in Annexure 1, with a liberty to the petitioner to renew his prayer for bail after completing one year in judicial custody.

It has been submitted on behalf of the petitioner that he is in judicial custody since 02.02.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Gaya in connection with Bodh Gaya P.S. Case No. 721/17 , with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case,

Patna High Court CR. MISC. No.13486 of 2019(2) dt.06-03-2019 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T