Golu Manjhi @ Golu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40051 of 2019 Arising Out of PS. Case No.-99 Year-2017 Thana- RIVILGANJ District- Saran ====================================================== 1.

GOLU MANJHI @ GOLU KUMAR S/o Parmeshwar Manjhi Resident of Village- Senghar Tola P.S. Rivilganj, Distt.- Saran at Chapra. 2.

Munni Devi W/O Parmeshwar Manjhi Resident of Village- Senghar Tola P.S. Rivilganj, Distt.- Saran at Chapra.

3.

Munni Devi W/O ChhatiLal Manjhi Resident of Village- Senghar Tola P.S. Rivilganj, Distt.- Saran at Chapra.

4.

Madhu Kumari D/O Chhati Lal Manjhi Resident of Village- Senghar Tola P.S. Rivilganj, Distt.- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 26-08-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 324, 307,147 of the Indian Penal Code registered in connection with Rivilganj P.S. Case No. 99 of 2017.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of petty disputes as parties are neighbours. The accusation of assault is against other co-accused Chhati Lal Manjhi, Doblu Manjh and Bablu Manjhi. Such accusation is general and omnibus against the petitioners without any specific assault attributed individually. The petitioners claim clean antecedents.

4. Learned APP has not pointed out any objective materials from the case diary against the petitioners.

5. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of

Patna High Court CR. MISC. No.40051 of 2019(3) dt.26-08-2019 2/2 communication of this order, let the above named petitioners' be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned ACJM X, Saran at Chapra, in connection with Rivilganj P.S. Case No. 99 of 2017, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions: i. That one of the bailors shall be a close relative of the petitioners. ii. That the petitioners shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioner no.1 shall remain physically present and the petitioners nos. 2 , 3 and 4 shall be well represented in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T