Patna High CourtCR. MISC./29048/2016bail granted

Kapildeo Manjhi And ORS v. The State Of Bihar

2016-07-26Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29048 of 2016 Arising Out of PS.Case No. -75 Year- 2016 Thana -JAMUI District- JAMUI ======================================================

1. Kapildeo Manjhi Son of Shambhu Manjhi

2. Binod Manjhi Son of Shambhu Manjhi

3. Chandan Manjhi S/o Kapildeo Manjhi

4. Amit Manjhi S/o Late Kashi Manjhi

5. Chhotu Manjhi S/o Late Kashi Manjhi

6. Deep Manjhi S/o Late Kashi Manjhi All Resident of Bhola Nagar Satgama, P.S. & District - Jamui .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satya Prakash Parasar For the Opposite Party/s : Mr. Sri Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 26-07-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Jamui P.S. Case no. 75 of 2016 registered under sections 341, 323, 324, 307 and 504/34 of the Indian Penal Code. It is submitted by the learned counsel for the petitioners that there is general and omnibus allegation against all the petitioners that they assaulted Kokil Manjhi and Debi Manjhi but most of the injuries sustained by them are simple in nature. It is further contended that the dispute between the parties had arisen due to minor scuffle and no criminality was attached to it. The

Patna High Court Cr.Misc. No.29048 of 2016 (2) dt.26-07-2016 entire occurrence took place in a spur of moment. It is also contended that the petitioners have no criminal antecedent and are not likely to abscond or tamper with the evidence. Learned counsel for the State has opposed the prayer for grant of pre-arrest bail to the petitioners. Regard being had to the fact that the injuries were of simple and superficial nature, in the event of arrest or surrender before the court below within six weeks from today, the petitioners named above are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jamui subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Ashwani Kumar Singh, J) Amin/- U