Bikash Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48972 of 2024 Arising Out of PS. Case No.-8 Year-2022 Thana- EAST COLONY District- Munger ====================================================== 1.

BIKASH MANJHI S/O DHAMO MANJHI @ DHAMAI MANJHI @ BHANO MANJHI R/O MOHALLA- TIKIYA PARA, P.S- EAST COLONY, DISTT.- MUNGER.

2.

BIGAN MANJHI S/O LAKHAN MANJHI R/O MOHALLA- TIKIYA PARA, P.S- EAST COLONY, DISTT.- MUNGER.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Saurabh, Adv For the Opposite Party/s :

Mr.Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-07-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners seeks regular bail in connection with East Colony P.S. Case No. 08/2022 lodged on 07.02.2022 under Section 147/148/302/504/323 of the Indian Penal Code.

3. As per the prosecution case, F.I.R. has been lodged against 11 named and some unknown accused persons including the present petitioners with an allegation that all in connivance with each other assaulted the informant's son which ultimately resulted into the death of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the name of the petitioner has been figured in this case only by virtue of confessional statement of the accused. Counsel further submits that the criminal antecedent of

Patna High Court CR. MISC. No.48972 of 2024(2) dt.24-07-2024 2/2 the petitioner is clean and the petitioner is in custody since 03.05.2024. He further submits that there is no specific allegation against the petitioner. All the persons have general and omnibus allegation. Counsel further submits that vide Annexure-2 series bail has been granted to four named accused persons whose case are similarly situated as like that of the present petitioners.

5. Learned APP for the State opposes the prayer for bail but fairly submits that allegation upon the accused persons are general and omnibus in nature.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioners above named by granted bail after framing of charge, if the charge is not framed yet and on furnishing bail bonds of Rs. 30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned judicial Magistrate, 1st Class, Munger in connection with East Colony P.S. Case No. 08/2022 subject to the condition laid down under Section 437(3) of the Cr.P.C.

(Dr. Anshuman, J) Sunnykr/- U