Choti Manjhi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42026 of 2016 Arising Out of PS.Case No. -309 Year- 2015 Thana -GIRIYAK District- NALANDA (BIHARSHARIFF) =====================================

1. Choti Manjhi, S/o Brahmdeo Manjhi

2. Guleshwar Manjhi, S/o late Gopi Manjhi

3. Rajesh Manjhi, S/o late Pradip Manjhi Nos. 1 to 3 Resident of Village- Patoria, P.S.- Giriyak (Katri Sarai), District Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Sudhir Kumar Raj For the Opposite Party/s : Mr. Dinesh Singh ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 30-09-2016 Learned counsel, appearing on behalf of the petitioners, seeks permission to withdraw this application with respect to petitioner No. 3, namely, Rajesh Manjhi, since he has been arrested by the police.

Permission is accorded.

This application is, accordingly, dismissed as withdrawn so far it relates to petitioner No. 3.

Patna High Court Cr.Misc. No.42026 of 2016 (2) dt.30-09-2016 2/3 Heard the parties.

This application, for grant of anticipatory bail, arises out of Giriyak (Katri Sarai) P.S. Case No. 309 of 2015, disclosing offences under Sections 341, 323, 324, 504, 506 and 307/34 of the Indian Penal Code. Learned counsel for the petitioners, at the very outset, has drawn my attention to an order of this Court, dated 20.05.2016, passed in Cr. Misc. No. 20228 of 2016, which has been brought on the record by way of Annexureto this application, whereby co-accused, namely, Brahmdeo Manjhi, has been granted anticipatory bail. Considering the above, this application is allowed. Let the petitioner Nos. 1 and 2, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda, in connection with Giriyak (Katri Sarai) P.S. Case No. 309 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner Nos. 1 and 2 shall present themselves before the police/Court, as the case may be, as and when required and

Patna High Court Cr.Misc. No.42026 of 2016 (2) dt.30-09-2016 3/3 in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Praveen-II/-c U T