Rabindra Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10137 of 2016 Arising Out of PS.Case No. -111 Year- 2015 Thana -NAGARNAUSA District- NALANDA (BIHARSHARIFF) ======================================================

1. Rabindra Manjhi Son of Ganauri Manjhi Resident of Village Damodar Pur Baldha P.s Nagar Nausa, District Nalalda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajeev Kumar For the Opposite Party/s : Mr. Ahmad Ali(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 13-04-2016 Heard the learned counsel for the petitioner and the learned A.P.P. representing the State.

The petitioner seeks bail in connection with Nagar Nausa P.S. Case No. 111 of 2015 registered for the offences punishable under Sections 147, 149, 341, 323, 504, 379 and 302 of the Indian Penal Code.

Allegedly, some altercation started between the informant and co-accused Mangal Manjhi, in the meantime, the petitioner and another F.I.R. named accused persons came and started assaulting the informant. On hearing alarm, Arjun Manjhi came to rescue then he was assaulted by Mangal Manjhi, Pappu Manjhi and Ranjeet Manjhi and further, amount of Rs. 10,000/-

Patna High Court Cr.Misc. No.10137 of 2016 (3) dt.13-04-2016 2/3 was taken away from the pocket of the informant. Submission is of false implication and that there was no intention to commit murder, Arjun Manjhi died later on, the allegation is general and omnibus in nature and the petitioner has got no criminal antecedent. He has voluntarily surrendered on 23.12.2015 and since then he is in custody. The learned A.P.P. opposes the prayer of bail by submitting that due to serious injury caused to Arjun Manjhi, he died.

In the facts and circumstances stated above, considering that there is a general and omnibus allegation, charge-sheet has already been submitted and there is no chance of tampering with the prosecution evidence and, as such, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Hilsa (Nalanda) in connection with Nagar Nausa P.S. Case No. 111 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the

Patna High Court Cr.Misc. No.10137 of 2016 (3) dt.13-04-2016 3/3 default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) ajaypd./- U T