Sarwan Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41254 of 2015 Arising Out of PS.Case No. -34 Year- 2015 Thana -SHAKURABAD District- JEHANABAD ======================================================

1. Sarwan Manjhi, Son of Fekan Manjhi, resident of Village- Utrapatti, Police Station- Shakurabad in the district of Jehanabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjeet Kumar For the Opposite Party/s : Mr. Anant Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-10-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offences punishable under sections 323, 324, 326, 308, 302/34 of the Indian Penal Code and section 3⁄4 of W.P. Act. It is alleged that the petitioner armed with lathi and co-accused Fekan Manjhi armed with Khanti came at the house of the informant and assaulted father of the informant as a result of which his father fell down and died on the spot. When the informant tried to save his father, then the petitioner assaulted him also with fists and slaps.

It has been submitted on behalf of the petitioner that petitioner is in custody since 04.04.2015. Charge-sheet has

Patna High Court Cr.Misc. No.41254 of 2015 (3) dt.14-10-2015 been submitted in the case. Petitioner has got no criminal antecedent. There is no allegation of tampering with the evidence against the petitioner. No specific injury has been attributed against the petitioner. Specific injury is alleged against coaccused Phekan Manjhi, who is said to have assaulted on the head of the deceased. Post mortem report indicates that the death has taken place due to head injury.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Amit Kumar Shukla, Judicial Magistrate, 1st Class, Jehanabad in connection with Shakurabad P.S. Case No. 34 of 2015.

(Sudhir Singh, J) Amin/- U