Mathura Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55791 of 2018 Arising Out of PS. Case No.-62 Year-2007 Thana- MASAUDHI District- Patna ====================================================== Mathura Manjhi S/o Dhanukdhari Manjhi, resident of Village- Vasdih Musahari, P.S. Masaurhi, District Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satish Chandra, Advocate.

For the Opposite Party/s :

Mr. S.M. Rahman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in S. Tr. No.1171-A of 2009 arising out of Masaurhi P.S. Case No. 62 of 2007 instituted for the offence under Section(s) 147, 148, 149, 302, 324/326, 307, 379, 427 Indian Penal Code, Section 27 of the Arms Act and Section 17 Criminal Law Amendment Act.

It is alleged in the written report that informant along with his second brother was watching wheat crop in the field. The miscreants armed with lathi and danda, came and assaulted him. They dragged brother of the informant, took him towards western side and shot dead. They threw the dead body of his brother into the well of Rajendra Rai. The informant is alleged to have identified the petitioner along with other accused persons as named in the written report.

Patna High Court Cr.Misc. No.55791 of 2018(3) dt.13-12-2018 2/2 Case diary has been received.

Learned A.P.P. after looking into the case diary submits that in the post mortem report four injuries have been found on the person of the deceased. The informant has named 15 accused persons including petitioner in the written report.

Counsel for the petitioner submits that other co-accused persons with similar allegation have been granted bail by coordinate Bench of this Court vide order dated 18.6.2009 passed in Cr. Misc. 20521 of 2009.

Petitioner is in custody since 13.3.2018 having clean antecedent.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge, III-cum-Special Judge, CBI-II, Patna, in connection with Sessions Trial No. 1171 A of 2009 arising out of Masaurhi P.s. Case No. 62 of 2007, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) S.Ali/- U T