Vishu Manjhi @ Vishwanath Hazra And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46043 of 2018 Arising Out of PS.Case No. -115 Year- 2018 Thana -DIGHWARA District- SARAN ======================================================
1. Vishu Manjhi @ Vishwanath Hazra, S/o Late Baijnath Hazra @ Late Baijnath Manjhi,
2. Dinesh Manjhi, S/o Vishu Manjhi @ Vishwanath Hazra, Both are R/o Village- Trilokchak, P.S.- Dighwara, District- Saran. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr. Sri Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-08-2018 Heard the parties.
The petitioners are apprehending their arrest in connection with Dighwara P.S.Case no.115 of 2018 , registered for offences punishable under Sections 341, 323, 324, 307, 504, 34 and 379 of the Indian Penal Code.
Allegation of assault is against the other accused persons and the petitioners are named in the FIR and there is allegation that the petitioners also entered into the house of the informant. Submission of the learned counsel for the petitioners is that no allegation of assault is against the petitioners and there is case and counter case between the parties.
Heard learned A.P.P. also.
Patna High Court Cr.Misc. No.46043 of 2018 (2) dt.09-08-2018 2/2 Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Sri Sunil Kumar Singh, J.M. Ist Class, Chapra in connection with Dighwara P.S.Case No.115 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.
With following conditions :
(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T