Patna High CourtCR. MISC./703/2016rejected

Kamal Kishore Manjhi And ANR v. The State Of Bihar

2016-01-12Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.703 of 2016 Arising Out of PS.Case No. -146 Year- 2015 Thana -PARSA District- SARAN ======================================================

1. Kamal Kishore Manjhi son of Rameshwar Manjhi,

2. Bhola Manjhi son of Raj Deo Manjhi Both residents of village- Marar, P.S.- Parsa, District - Saran at Chapra.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Sharma, Advocate For the Opposite Party/s : Mr. Ram Bachan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 12-01-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Parsa P.S. Case No.146 of 2015 registered under sections 147, 148, 323, 324, 307, 379 and 504 of the Indian Penal Code. It is contended that there is a case and counter case in which members of both sides sustained injuries. Be that as it may, regard being had to the fact that there is a direct and specific allegation against petitioner no.1 Kamal Kishore Manjhi to have assaulted with knife upon back side of the head of Akash Kumar, I am not inclined to grant him pre-arrest bail.

Patna High Court Cr.Misc. No.703 of 2016 (2) dt.12-01-2016 2/2 Accordingly, prayer for grant of anticipatory bail of petitioner no.1, namely, Kamal Kishore Manjhi is rejected. So far as petitioner no.2 Bhola Manjhi is concerned, since there is no specific allegation against him, in the event of arrest or surrender in the court below within six weeks from today, he is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Saran at Chapra in connection with Parsa P.S. Case No.146 of 2015, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Md.S./- U T