Umesh Manjhi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4736 of 2018 Arising Out of PS.Case No. -222 Year- 2017 Thana -NARHAT District- NAWADA ======================================================

1. Umesh Manjhi, Son of Saro Manjhi, resident of Village- Jamui, Pakariya, P.S. Narhat, Dist.- Nawada.

2. Lalo Manjhi, S/o Late Jagdish Manjhi, R/o Vill Jamui, Pakariya, P.S. Narhat, Dist.- Nawada.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Birendra Kumar For the Opposite Party/s : Mr. Sri Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-02-2018 Heard the learned counsels for the petitioners and the State.

The petitioners seek bail in anticipation of their arrest in connection with Narhat (Sitamarhi) P.S. Case No. 222 of 2017 dated 03.12.2017 instituted for the offences under Sections 341, 323, 307, 504, 506 and 34 of the Indian Penal Code. It has been alleged in the FIR that the accused persons including the petitioners were fishing in an unauthorized manner in his pond and when the son of the informant tried to prevent them from fishing, on the orders of one Gore Lal Singh, co-accused Dukhan Manjhi is said to have assaulted the son of the informant on his head by a Khanti. The other accused persons

Patna High Court Cr.Misc. No.4736 of 2018 (2) dt.05-02-2018 including the petitioners are also said to have assaulted the son of the informant who appears to have been seriously injured. The allegations against the petitioners are of omnibus and general in nature and the main act of assault has been attributed to Dukhan Manjhi.

The petitioners have clean antecedent and it has been submitted on their behalf that they have been falsely implicated in this case because of village rivalry.

Considering the aforesaid facts the petitioners above named are directed to be released in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rs. Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, V, Nawada in connection with Narhat (Sitamarhi) P.S. Case No. 222 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) KKSINHA/- U T