Sukhan Manjhi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49430 of 2018 Arising Out of PS.Case No. -26 Year- 2018 Thana -HULASGANJ District- JEHANABAD ======================================================
1. Sukhan Manjhi
2. Ghamandi Manjhi @ Suresh Manjhi, Both Son of- Late Tahal Manjhi, All resident of Village- Banwariya (Bhui Toli), P.S.- Hulasganj, DistrictJehanabad. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Jogendra Kumar For the Opposite Party/s : Mr. Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-10-2018 Heard the parties.
This application is for grant of regular bail in connection with Hulasganj P.S.case No.26 of 2018 dated 3.3.2018 for the offences under Sections 147, 148, 149, 341, 323, 504, 506, 307 and 324 of the Indian Penal Code.
Allegation against the petitioner no.1 is of assault by sword and the petitioner no.2 assaulted by Axe to the deceased and there is also allegation against the petitioners and other accused persons of assault.
Submission of the learned counsel for the petitioners is that the deceased died in course of his treatment and the petitioners are in custody since 4.3.2018 and 8.4.2018 respectively
Patna High Court Cr.Misc. No.49430 of 2018 (3) dt.04-10-2018 2/2 and the other co-accused person have been granted bail by a Coordinate Bench of this Court, vide order dated 20.6.2018 passed in Cr. Misc. No.35012 of 2018.
Heard learned A.P.P., who has opposed the prayer for bail stating that there is specific allegation against these petitioners of assault and the postmortem report also shows injuries over the person of the deceased. .
Having heard both sides and in view of the facts and circumstances, as stated above, and so far other co-accused persons who have been granted bail by a Co-ordinate Bench of this Court is concerned, there is general and omnibus allegation against them whereas there is specific allegation against these petitioners, as such I am not inclined to grant bail to the petitioner, however, since the petitioners are in custody, the learned trial court is directed to expedite the trial.
With the aforesaid observation, this application is dismissed.
(Vinod Kumar Sinha, J) chn/- U T