Bigan Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47877 of 2024 Arising Out of PS. Case No.-361 Year-2019 Thana- WAJIRGANJ District- Gaya ====================================================== Bigan Manjhi Son Of Nanhak Manjhi Village- Bhagalpur, P.S.- Wazirganj, Distt.- Gaya, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anmol Kumar, Adv.

For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-08-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in connection with Wazirganj P.S. Case No. 361 of 2019, registered for the offences punishable under Sections 147, 148, 323, 324, 326, 307, 504 and 506 of the Indian Penal Code, and later on Section 302 of the Indian Penal Code was added.

3. The prosecution case, in brief, is that while the son of informant was returning home, in the meantime, all the accused persons including this petitioner surrounded him and co-accused Pravesh Manjhi assaulted with khanti on his head, and thereafter, other accused persons also assaulted him, as a result of which, he sustained injuries and during course of treatment, he died.

Patna High Court CR. MISC. No.47877 of 2024(2) dt.30-08-2024 2/2

4. Learned counsel for the petitioner submits that on bare perusal of F.I.R., it is apparent that the specific allegation of assault is against co-accused Parvesh Manjhi. So far as this petitioner is concerned, there is no specific allegation is against this petitioner. The charge-sheet has already been submitted. It is next submitted that similarly situated co-accused has already been granted regular bail by a co-ordinate Bench of this Court vide Cr. Misc. No. 13038 of 2024 dated 01.03.2024 (AnnexureP/2). Petitioner is in custody since 22.10.2023.

5. Learned A.P.P. appearing on behalf of the State opposed the prayer for bail.

6. Having considered the aforesaid facts and circumstances of the case and similarly situated co-accused has already been granted bail, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-I, Gaya in connection with Wazirganj P.S. Case No. 361 of 2019. (Prabhat Kumar Singh, J) utkarsh/- U T