Kamlesh Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41007 of 2019 Arising Out of PS. Case No.-219 Year-2015 Thana- MANIYARI District- Muzaffarpur ====================================================== KAMLESH MANJHI S/O Mahaveer Manjhi Resident of Village- Rampur Kashi, P.S.- Maniyari, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar Singh For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== 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 has prayed for bail in connection with Maniyari P.S. Case No. 219 of 2015 registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code. As per allegation in the F.I.R., Ramesh Manjhi and Kamlesh Manjhi are said to have assaulted the husband of the informant, who subsequently died.

It is submitted by learned counsel for the petitioner that case of the petitioner stands on similar footing to that of coaccused, Ramesh Manjhi, who has been enlarged on bail by order dated 01.09.2016 passed in Cr. Misc. No. 29046 of 2016. It is further submitted that there is delay of almost 17 days in lodging of the FIR. Petitioner is in custody since 25.01.2019

Patna High Court CR. MISC. No.41007 of 2019(3) dt.13-09-2019 2/2 and has no criminal antecedent.

Application for bail is opposed by learned APP for the State. He submits that although the case of the petitioner stands on similar footing to that of co-accused, Ramesh Manjhi, however, for the occurrence of the year 2015, petitioner surrendered on 25.01.2019.

Having heard the learned counsel for the parties and considering the fact that similarly situated co-accused has been enlarged on bail, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Muzaffarpur in connection with Maniyari P.S. Case No. 219 of 2015.

(Partha Sarthy, J) sushma/- U T