Binda Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50793 of 2019 Arising Out of PS. Case No.-206 Year-2019 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== BINDA MANJHI Son of Late Briksha Manjhi Resident of village- Tirbirwa, P.S.- Gopalganj, District- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Singh For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 147, 148, 149, 323, 324, 307, 302, 427 & 341 of the Indian Penal Code.

The prosecution case in brief is that while the nephew of the informant was returning after watching IPL match, in the way near Idgah of the village, the accused persons variously armed surrounded him and assaulted him by means of belt, danda and knife, as a result of which, he sustained injuries. He was taken to hospital where in course of treatment, he died. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.50793 of 2019(4) dt.16-11-2019 2/2 petitioner. The petitioner is in custody since 27-04-2019. Charge sheet has already been submitted. The petitioner has been falsely implicated in the present case. The main allegation is against co-accused namely Shankar Mahto who is said to have given repeated stab blows to the deceased. General and omnibus allegation has been made against the petitioner. No overt act is alleged against the petitioner. The other co-accused with similar allegation have been granted bail by this court vide order dated 16-07-2019 passed in Cr. Misc. No. 43764 of 2019. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, the petitioner named above is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Gopalganj P.S. Case No. 206 of 2019.

(Sudhir Singh, J) A.K.V.//- U T