Birendra Manjhi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43595 of 2017 Arising Out of PS. Case No. -86 Year- 2017 Thana -GAYA RAIL P.S. District- GAYA ======================================================

1. Birendra Manjhi Son of Late Lakhan Manjhi

2. Anshu Rao, Son of Mohan Rao Both residents of Ishwar Choudhary Halt, P.S. Mofassil, District Gaya .... .... Petitioners

Versus

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

For the Petitioners : Mrs. Rina Sinha, Advocate For the Opposite Party : Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 17-10-2017 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody since 05.07.2017 in connection with Rail Gaya P.S. Case No. 86 of 2017 for the offences alleged under Sections 341, 323, 325, 379, 307 and 147 of the Indian Penal Code.

3. It is submitted that the petitioners have been falsely implicated owing to past dispute between the informant and the petitioners. The allegations are general and omnibus in nature. No specific accusation of causing injury is attributable to the petitioners. After remand in this case, the police also remanded the petitioners in Mufassil P.S. Case No. 321 of 2016 instituted earlier.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioners above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Railway, Gaya in connection with Rail Gaya P.S. Case No. 86 of 2017, on the following conditions:-

Patna High Court Cr.Misc. No.43595 of 2017 (4) dt.17-10-2017 2/2 (i) That one of the bailors of each of the petitioners shall be their close relatives other than the petitioners herein.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioners shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Vikash Jain, J) B.T/Chandran U T