Rajesh Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29843 of 2023 Arising Out of PS. Case No.-102 Year-2022 Thana- MAHKAR District- Gaya ====================================================== 1.
Rajesh Manjhi Son Of Ram Binod Manjhi @ Binod Manjhi Resident Of Village - Ramrati Nagar, P.S. - Mahkar, Distt. - Gaya 2.
Tiinku Manjhi @ Pinku Manjhi Son Of Sukho Manjhi Resident Of Village - Ramrati Nagar, P.S. - Mahkar, Distt. - Gaya 3.
Pintu Manjhi Son Of Mahendra Manjhi Resident Of Village - Ramrati Nagar, P.S. - Mahkar, Distt. - Gaya 4.
Sanjay Manjhi Son Of Late Gahan Manjhi @ Late Chalitar Manjhi Resident Of Village - Ramrati Nagar, P.S. - Mahkar, Distt. - Gaya 5.
Kabindra Manjhi Son Of Late Gahan Manjhi @ Late Chalitar Manjhi Resident Of Village - Ramrati Nagar, P.S. - Mahkar, Distt. - Gaya 6.
Guddu Manjhi Son Of Bilash Manjhi Resident Of Village - Ramrati Nagar, P.S. - Mahkar, Distt. - Gaya 7.
Chhote Manjhi @ Endrajit Manjhi Son Of Garay Manjhi @ Ramkival Manjhi Resident Of Village - Ramrati Nagar, P.S. - Mahkar, Distt. - Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vinod Kumar, Advocate For the Opposite Party/s :
Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 14-07-2023 Heard learned counsel for the petitioners and the learned APP for the State.
2. The petitioners are apprehending their arrest in connection with Mahkar P.S. Case No. 102 of 2022, registered for the offence punishable under Sections 147, 148, 149, 323, 307, 332, 333, 353, 504 and 506 of the Indian Penal Code.
3. As per the prosecution story, while the informant
Patna High Court CR. MISC. No.29843 of 2023(2) dt.14-07-2023 2/3 got secret information that some persons are beating the driver of a tractor at Mahkar More, then he reached there and saw that some persons had stopped the tractor and they were forcibly taking it away. The informant further alleged that on asking about the tractor all the accused persons started abusing and attacked on police party as a result all the police personnel were injured.
4. The learned counsel for the petitioners submits that as per FIR it is clear that a number of persons gathered there and there is no specific allegation against the petitioners in the entire FIR and they have not committed any offence.
5. The learned APP for the State has opposed the prayer for bail.
6. Considering the rival submissions, the allegations being general and omnibus and since the injuries are said to be simple in nature, this Court, for the limited purposes of grant of bail, is inclined to accept the submissions advanced by the petitioners' counsel. Prayer for bail is allowed.
7. Accordingly, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on bail on
Patna High Court CR. MISC. No.29843 of 2023(2) dt.14-07-2023 3/3 furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M, 1st, Gaya, in connection with Mahkar P.S. Case No. 102 of 2022, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure as also the following conditions:
(i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the court if there is any change in the address of the petitioners.
(ii) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail bond will be liable to be cancelled.
(Madhuresh Prasad, J) uttam/- U T