Kapil @ Kapil Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65364 of 2021 Arising Out of PS. Case No.-138 Year-2016 Thana- BELAGANJ District- Gaya ====================================================== Kapil @ Kapil Manjhi S/O Late Baijnath Bhuyan @ Baijnath Manjhi Resident Of Village- Phulwariya, P.S.- Koderma, District- Koderma (Jharkhand).

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 323, 341, 386, 435, 379, 34 of the Indian Penal Code, Sections 14, 16, 17, 18, 20, 37, 40 of the U.A.P. Act and Section 17 of the C.L.A. Act. The learned counsel for the petitioner submits that the petitioner is in custody since 06.08.2021, charge-sheet has been submitted in this case and has antecedent of one case. The learned counsel for the petitioner further submits that the informant alleges that some accused persons including the petitioner came variously armed with weapons and stopped the construction work and confined the informant and also set

Patna High Court CR. MISC. No.65364 of 2021(2) dt.11-04-2022 2/3 ablaze several machines and vehicles and were demanding extortion money. It is further alleged that the accused persons were hurled calling each other by their names such as Mithilesh, Vinod, Anil, Navin, Kundan Jee @ Praduman and Shrawan. The accused while fleeing also snatched mobile phone and threw Maoist pamphlets.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and similarly situated co-accused Binod Manjhi @ Binod has been granted bail by order dated 15.12.2016 in Cr. Misc. No.53868 of 2016, co-accused Kishori Mahto @ Muni Baba @ Kishori has been granted bail by order dated 10.03.2017 in Cr. Misc. No.7485 of 2017 and co-accused Shravan Manjhi has been granted bail by order dated 28.03.2017 in Cr. Misc. No.10848 of 2017.

Learned A.P.P. opposes the bail application.

Considering the fact that the petitioner is in custody, charge-sheet has been submitted in this case and co-accused have been granted bail, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court

Patna High Court CR. MISC. No.65364 of 2021(2) dt.11-04-2022 3/3 below where the case is pending in connection with Belaganj P. S. Case No.138 of 2016.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T