Patna High CourtCR. MISC./8628/2017bail granted

Mathura Manjhi And ANR v. The State Of Bihar

2017-03-03Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8628 of 2017 Arising Out of PS.Case No. -287 Year- 2016 Thana -SIRDALA District- NAWADA ======================================================

1. Mathura Manjhi, son of Babulal Manjhi,

2. Gore Bhuiya @ Gore Bhuiyan @ Sanjay Manjhi, son of Munki Bhuiya, Both are resident of Village- Chhanu Bigha, P.S.- Sirdalla, DistrictNawada. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s : Mr. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-03-2017 Heard learned counsel for the petitioners.

This is an application for bail in connection with Sirdalla P.S.Case No. 287 of 2016 registered for the offences punishable under Sections 147, 148, 341, 323, 307, 436, 447and 379 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that prosecution case is in two parts, in first part there is general and omnibus allegation against the petitioners and in second part there is specific allegation of assault against other accused persons and the petitioners are in custody since 3.12.2016. Heard learned APP also.

Having heard both sides and considering the fact that there is general and omnibus allegation of assault against the petitioners and they are in custody for about three months, let the

Patna High Court Cr.Misc. No.8628 of 2017 (3) dt.03-03-2017 2/2 petitioners, above named, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawada, in connection with Sirdalla P.S.Case No. 287 of 2016, subject to the conditions that :- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for the cancellation of their bail.

(Vinod Kumar Sinha, J) spal/- U