Tarkeshwar Manjhi @ Tarkeshwar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79320 of 2018 Arising Out of PS. Case No.-290 Year-2018 Thana- GARKHA District- Saran ====================================================== Tarkeshwar Manjhi @ Tarkeshwar Mahto Son of Rajendra Mahto Resident of Village-Sirsha Rai, P.S.- Bheldi, District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gaurav Kumar For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 29-01-2019 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Garkha P. S. Case No. 290 of 2018 dated 10.07.2018 instituted for the offences under Sections 341, 323, 324, 307, 504/34 and 326 of the Indian Penal Code.

On the issue of sale of toddy near the house of the informant, a scuffle took place, in which Lallan Manjhi is said to have assaulted the informant. Later, when Raj Kumar Ram came to the rescue of the informant, the petitioner and one Jai Lal Manjhi are said to have assaulted the person who

Patna High Court Cr.Misc. No.79320 of 2018(2) dt.29-01-2019 2/3 had come to rescue, by means of iron rod, Daab, Lathi etc. The assault perpetrated by the petitioner and another injured Raj Kumar Ram. Thereafter, one Pawan Manjhi is said to have assaulted him by a sharp cutting weapon which further injured him.

Learned counsel for the petitioner has submitted that so far as the allegation of assault is concerned, he along with Jai Lal Manjhi is stated to have assaulted Raj Kumar Ram. It has been submitted that the case has been filed for a different reason. In fact, it has been urged, that Jai Lal Manjhi and Lallan Manjhi were running a toddy shop and the informant was one of the customers, who got intoxicated and an occurrence took place in which some minor injuries were caused to the informant and another customer namely Raj Kumar Ram.

Regard being had to the general nature of the accusation and the circumstances in which the case has been lodged and also taking into account the clean antecedents of the petitioner, he is directed to be released on bail, in the event of his arrest or surrender before the court below within

Patna High Court Cr.Misc. No.79320 of 2018(2) dt.29-01-2019 3/3 a period of four weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., XIVth, Saran at Chapra in connection with Garkha P. S. Case No. 290 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

(Ashutosh Kumar, J) skm/- U