Rohan Manjhi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53466 of 2015 Arising Out of PS.Case No. -182 Year- 2014 Thana -WARSALIGANJ District- NAWADA ======================================================

1. Rohan Manjhi son of Late Bengali Manjhi

2. Puneshwar Manjhi @ Puneshar Manjhi son of Late Munni Manjhi

3. Pradeep Manjhi son of Jethan Manjhi @ Jeth Manjhi

4. Jethan Manjhi @ Jeth Manjhi son of Late Jaggu Manjhi All resident of village- Dhankaul Mushahari, P.S.- Warsaliganj, DistrictNawada .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bharat Lal, Advocate For the Opposite Party/s : Mr. Smt. Anuradha Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-11-2015 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 448, 379, 380, 427, 302, 504, 506 of the Indian Penal Code and 27 of the Arms Act. It is alleged that petitioner Pradeep Manjhi and Upendra Manjhi, Nandlal Manjhi, Manoj Manjhi came to the shop of the informant and demanded cigarette. On refusal of the same, the accused persons came variously, entered into the house of the brother of the informant Kailash Manjhi and robbed the articles, damaged the cycle, box and hand-pump. The brother of the informant,

Patna High Court Cr.Misc. No.53466 of 2015 (2) dt.24-11-2015 who took shelter in the house of Dularchand Manjhi, dragged out by the accused persons and Upendra Manjhi caught the waist of the brother of the informant and coaccused Manoj Manjhi fired with pistol on the temporal region, who died on the spot.

It is submitted by the learned counsel for the petitioners that the specific overt act is alleged only against Upendra Manjhi and Manoj Manjhi (non-petitioner). Statement has been made in para-3 of the petition that petitioners have no criminal antecedent.

Considering the aforesaid facts, let the above named petitioners be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Warsaliganj P.S. Case No. 182 of 2014, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Dinesh Kumar Singh, J) P.K./- U T