Rohit Kumar @ Rohit Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22999 of 2023 Arising Out of PS. Case No.-338 Year-2020 Thana- KHIJARSARAI District- Gaya ====================================================== Rohit Kumar @ Rohit Manjhi Son Of Lakhan Manjhi R/O Village- Hajichak, P.S.- Khizarsarai, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manish Kumar No2 For the Opposite Party/s :
Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-07-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 342, 323, 307, 337, 338, 448, 504, 506/34 & 302 of the Indian Penal Code.
3. As per prosecution case, allegation against the petitioner is to assault the informant and other by using stones, bricks and rod causing bodily injuries, where one of the injured namely, Budhan Chaudary succumbed to injuries.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. From perusal of FIR, it appears that no specific overt act against the petitioner rather general and omnibus allegation leveled against him. It is also
Patna High Court CR. MISC. No.22999 of 2023(3) dt.27-07-2023 2/2 submitted that this F.I.R. is a counter blast of Khizersarai P.S. Case No. 339 of 2020. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition. Moreover, similarly situated co-accused namely, Ravindra Manjhi has already been granted bail by a co-ordinate Bench of this Court vide order dt. 9.12.2022 passed in Cr. Misc. No. 61790 of 2022 and in support of this Annexure-2 has been annexed with this petition. It is further submitted that the petitioner is languishing in judicial custody since 14.11.2021.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Khizersarai P.S. Case No. 338 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. District & Sessions Judge-X, Gaya. (Sunil Kumar Panwar, J) Amandeep/- U T