Deo Nandan Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48908 of 2016 Arising Out of PS.Case No. -20 Year- 2016 Thana -SHERGHATI District- GAYA ====================================================== Deo Nandan Manjhi S/o Late Muneshwar Manjhi, Resident of VillageAngra, P.S.- Dobhi, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Singh For the Opposite Party/s : Mr. Sri Ram Priya Saran Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 07-12-2016 Heard the counsel for the petitioner and the State. The petitioner prays for regular bail in Sherghati (Dobhi) P.S. Case No. 20 of 2016 registered under Section 307 and other allied Sections of the Indian Penal Code.

In substance, the allegation is that the petitioner inflicted tangi blow on the head of the informant. Another co-accused(s) persons assaulted him with lathi on head.

Contention of the petitioner is that there is no injury report of the informant on record. The petitioner is in custody since 20.04.2016. The charge-sheet has already been submitted. The petitioner has no criminal record.

The learned counsel for the State, on the other hand, points out from the order of the learned Additional Sessions Judge that in course of investigation, witnesses have supported the prosecution

Patna High Court Cr.Misc. No.48908 of 2016 (2) dt.07-12-2016 2/2 case. There is material on record to suggest that he was referred to the Primary Health Centre and thereafter to Magadh Medical Hospital for further treatment.

Looking to the allegations and other materials reflected from the records, this Court while declining the relief, dispose of the bail application by the following orders: (i) Let the trial court take steps for framing of charge against the petitioner as quickly as possible preferably within four months from the date of receipt/production of a copy of this order.

(ii) As soon as the charges are framed, the petitioner shall be released on bail on furnishing bail bonds of Rs. 10,000/- to the satisfaction of learned A.C.J.M., Sherghati, Gaya in Sherghati (Dobhi) P.S. Case No. 20 of 2016 subject to the condition that one of the bailors shall be his own/close family member.

(iii) The petitioner shall appear in person on each date fixed at the trial. In case of default in appearance on two consecutive dates, the trial court shall have liberty to cancel his bail bonds.

(Kishore Kumar Mandal, J) rohit/- U T