Nage Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32923 of 2020 Arising Out of PS. Case No.-238 Year-2019 Thana- SULTANGANJ District- Bhagalpur ====================================================== Nage Manjhi S/o Late Ram Manjhi R/o Village-Shivnandanpur, P.S.- Sultanganj, District-Bhagalpur.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Anupa Nand Jha, Advocate Mr. Devendra Kumar Pandey, Advocate For the Opposite Party :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 22-01-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in connection with Sultanganj P.S. Case No.238 of 2019 registered under Sections 147, 148, 149/302 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submitted that the case of the petitioner stands on better footing to that of coaccused Mohan Yadav, who has already been granted bail by a co-ordinate Bench of this Court vide order dated 21.10.2020 passed in Cr. Misc. No.27458 of 2020. He contended that there is specific case of the prosecution that Mohan Yadav and Krishna Yadav had called the deceased whereafter he was

Patna High Court CR. MISC. No.32923 of 2020(3) dt.22-01-2021 2/2 assaulted by all the accused persons as a result of which he died. He contended that though the petitioner is named in the FIR, he is not the person, who is said to have called the deceased. Learned counsel for the State has opposed the application for grant of bail to the petitioner. However, he admits that the case of the petitioner is more or less identically situated to that of co-accused Mohan Yadav.

Considering the submissions advanced on behalf of the parties and the reasons assigned in the order dated 21.10.2020 passed in Cr. Misc. No.27458 of 2020, the petitioner 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 ACJM-1st, Bhagalpur in connection with Sultanganj P.S. Case No.238 of 2019. (Ashwani Kumar Singh, J) kanchan/- U T