Ramshray Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44247 of 2021 Arising Out of PS. Case No.-338 Year-2020 Thana- KHIJARSARAI District- Gaya ====================================================== Ramshray Manjhi S/o Ram Swaroop Manjhi Resident Of Village- Hajichak, P.S-Khizersarai, District-Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vishwa Ranjan Choudhary, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-01-2022 Heard learned counsel for the petitioner and Shri Binod Kumar, learned A.P.P. for the State through virtual Court proceedings.

The petitioner seeks bail in connection with Khizersarai P.S. Case No. 338 of 2020 instituted for the offences under Sections 341, 342, 323, 307, 337, 338, 448, 504, 506 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 04.11.2020, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that informant in the F.I.R. alleges that Nanhu Manjhi and Ramjit Manjhi along with others assaulted Santosh Chaudhary with brick and rod causing fracture on his head and further Dhirendra

Patna High Court CR. MISC. No.44247 of 2021(2) dt.24-01-2022 2/3 Manjhi along with other named accused persons also assaulted the informant by brick, rod and stick causing fracture on his head. Further in the assault, Sunil Chaudhary and Upendra Chaudhary also suffered fracture on head.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case along with his family members and from petitioner's side, Khizersarai P.S. Case No. 339 of 2020 registered under Sections 307, 325 and other Sections of the I.P.C. was instituted against the side of the informant in which the present petitioner's side also suffered injuries. Learned counsel submits that allegations as far as this petitioner are concerned, are general and omnibus in nature and the injuries of the injured are simple in nature and co-accused Nanhu Manjhi, Ramjit Manjhi and Dhirendra Manjhi have been granted bail by order dated 24.01.2022 in Cr. Misc. No. 30510 of 2021.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 04.11.2020, charge-sheet has been submitted in the case, petitioner is a person with clean antecedent and co-accused have been granted bail, as aforesaid, let the petitioner above named

Patna High Court CR. MISC. No.44247 of 2021(2) dt.24-01-2022 3/3 be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IV, Gaya in connection with Khizersarai P.S. Case No. 338 of 2020. (Satyavrat Verma, J) Rishi/- U T