Gorakha Manjhi @ Goraka Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41123 of 2019 Arising Out of PS. Case No.-68 Year-2013 Thana- BODHGAYA District- Gaya ====================================================== Gorakha Manjhi @ Goraka Manjhi Son of Thotha Manjhi @ Dokan Manjhi @ Bhuneshwar Manjhi Resident of Village-Amawan, P.S.-Bodh-Gaya, District-Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Singh, Advocate For the Opposite Party/s :

Mr.Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner who is in custody since 16.03.2019 has filed the instant application for grant of bail in connection with Bodh Gaya P.S. Case No. 68 of 2013 registered for the offence punishable under sections 147, 148, 149, 323, 324, 341, 342, 307, 302, 333, 337, 338, 322, 224, 225, 353, 120B and 379 of the Indian Penal Code.

As per the allegation in the FIR, while some accused persons were being taken away by the police, the police party was attacked by a large mob.

It is submitted by learned counsel for the petitioner that the petitioner is not named in the FIR and his name transpired on the basis of suspicion in course of investigation. He further submits that his case stands on a similar footing to

Patna High Court CR. MISC. No.41123 of 2019(3) dt.13-09-2019 2/2 that of five other co-accused who have been enlarged on bail by order dated 14.07.2014 passed in Cr. Misc. No. 16542 of 2014 and that he is in custody since 16.03.2019 i.e. nearly six months. The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the fact that the petitioner is in custody since 16.03.2019, the Court is inclined to enlarge the petitioner on bail. Let the petitioner, above named, be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Bodh-Gaya P.S. Case No. 68 of 2013.

(Partha Sarthy, J) Prakash/- U T