Vineshwar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36363 of 2021 Arising Out of PS. Case No.-111 Year-2020 Thana- KURTHA District- Jehanabad ====================================================== 1.

Vineshwar Manjhi Son of Kaweshwar Manjhi Resident of Village - Painathi, P.S.- Kurtha, Distt.- Arwal.

2.

Seth Manjhi Son of Suraj Manjhi, Resident of Village - Painathi, P.S.- Kurtha, Distt.- Arwal.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 06-01-2022 The applicants/accused in Crime No. 111 of 2020 registered with Kurtha Police Station for the offences punishable under Sections 147,148,149,447, 448, 341, 323, 302, 427 and 504 of the Indian Penal Code, by this application, are seeking their release on bail during pendency of the trial.

Heard the learned counsel appearing for the applicants/accused. He submit that coordinate Bench of this Court had granted bail to three accused persons in this case vide order dated 02.08.2021 in Cr. Misc. No.8339 of 2021 and relying on the said order one of the co-accused is directed to be released on bail by this Court vide order dated 18.11.2021

Patna High Court CR. MISC. No.36363 of 2021(2) dt.06-01-2022 2/3 passed in Cr. Misc. No.14372 of 2021.

The learned Additional Public Prosecutor is not disputing this fact.

On perusal of the materials placed before me, it is found that the case against the present applicants is same as that is against the co-accused who are already released on bail. Therefore, on the principle of parity the applicants need to be given similar treatment and hence, the order :- i. The application is allowed.

ii. The applicants/accused in Crime No. 111 of 2020 registered with Kurtha Police Station for the offences punishable under Sections 147, 148, 149, 447, 448, 341, 323, 302, 427 and 504 of the Indian Penal Code be released on bail on executing P.R. bond of Rs.15,000/- (Rupees Fifteen Thousand) each on furnishing surety of the like amount to the satisfaction of the trial court with the following conditions: - (I) The applicants/accused should not extend any threat, promise of inducement to the persons acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer. (II) The applicants/accused should cooperate the trail court in expeditious disposal of the trial against them.

Patna High Court CR. MISC. No.36363 of 2021(2) dt.06-01-2022 3/3 (III) The applicants/accused should not contact the members of the prosecuting party as well as witnesses in this case in any manner till conclusion of the trial. (IV) The applicants should not repeat commission of similar offence in future and if they are found to be involved in commission of similar offence, the State is at liberty to apply for cancellation of bail granted to the applicants in the instant case.

The applicants to remove all office objections forthwith and the Registry to issue the certified copy of this order only after removal of office objections by the appellants/accused.

(A. M. Badar, J) Mkr./- U T