Gola Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.59495 of 2017 Arising Out of PS.Case No. -148 Year- 2013 Thana -AKBARPUR District- NAWADA ======================================================
1. Gola Manjhi, Son of Late Akal Manjhi, Resident of Village- Dakra Musahar Toli, P.S.- Akbarpur, District- Nawada. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Aaruni Singh For the Opposite Party/s : Mr. Sri Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 07-02-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner seeks bail in connection with Akbarpur P.S. Case No. 148 of 2013 registered for the offence punishable under Sections-323, 302, 504/34 of the Indian Penal Code. The petitioner and others allegedly assaulted with slaps and fists to the husband of the informant, as a result of whereof, he died. Submission of learned counsel for the petitioner is that FIR would reveal that the occurrence took place for trivial dispute. The deceased had himself taken alcohol at the time of occurrence. The doctor has found injury by hard and blunt substances. It has further been submitted that even if, the allegation is assumed to be correct, it cannot be said that the petitioner had knowledge or intention to commit murder by assaulting with fist and slaps. The petitioner is in custody
Patna High Court Cr.Misc. No.59495 of 2017 (4) dt.07-02-2018 since 14-08-2017.
Considering the aforesaid facts, let the petitioner, abovenamed, be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with the aforesaid case, with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which, the court below shall be at liberty to cancel the bail bond of the petitioner.
(Birendra Kumar, J) A.K.V./- U T