Batohi Manjhii v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31139 of 2024 Arising Out of PS. Case No.-570 Year-2022 Thana- WAJIRGANJ District- Gaya ====================================================== 1.

Batohi Manjhii Son of Lakhan Manjhi Resident of Shankar Bigha, P.S. - Wazirganj, District - Gaya, Bihar 2.

Nagina Manjhi Son of Munarik Manjhi Resident of Shankar Bigha, P.S. - Wazirganj, District - Gaya, Bihar ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Brijeshwar Narayan Singh, Advocate For the Opposite Party/s :

Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-04-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Wazirganj P.S. case No. 570 of 2022 instituted for the offences under Sections 147, 148, 149, 323, 337, 307, 504, 506 of the Indian Penal Code.

3. Prosecution story, in short, is that all the accused persons including these petitioners, armed with weapons, are alleged to have assaulted the informant and his family members due to which they sustained injuries.

4. Learned counsel for the petitioners submitted that petitioners have falsely been implicated in the present case.

Patna High Court CR. MISC. No.31139 of 2024(2) dt.24-04-2024 2/3 Learned counsel for the petitioners submitted that general and omnibus allegation has been made against these petitioners. No specific overt act is alleged against these petitioners. There is case and counter-case between the parties. It has been submitted on behalf of the petitioners that the petitioners are in custody since 17.08.2023 and have no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case, no specific allegation against the petitioners and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Wazirganj P.S. case No. 570 of 2022, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioners.

(II) The petitioners shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel

Patna High Court CR. MISC. No.31139 of 2024(2) dt.24-04-2024 3/3 the bail bonds of the petitioners.

(III) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Rudra Prakash Mishra, J) Alok Verma/- U T