Shibu Manjhi @ Ashibu Manjhi v. The State Of Bihar

Patna High Court Cr.Misc. No.11540 of 2016 (4) dt.28-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11540 of 2016 Arising Out of PS.Case No. -186 Year- 2015 Thana -WAJIRGANJ District- GAYA ======================================================

1. SHIBU MANJHI @ ASHIBU MANJHI Son of Late Baldeo Manjhi, Resident of village- Amaitha, P.S.- Wazirganj and District- Gaya .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Sinha For the Opposite Party/s : Mr. Ram Chandra Sahani(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 28-04-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Wazirganj P.S. Case No. 186 of 2015 registered for the offences punishable under Sections 147, 148, 149, 341, 342, 325, 302, 367, 120B and 201 of the Indian Penal Code.

Allegedly, Jai Ram Manjhi, the brother-in-law of the informant was brought near Panchayat Bhawan of village Amaitha along with Parwati Kumari by the petitioner and others having arms in their hands and after tying the hands of both, they brutally assaulted them causing their death and thereafter, they cremated the dead bodies of both also at Bansinala.

Submission is of false implication and that there is no specific allegation against the petitioner, he has been named only

Patna High Court Cr.Misc. No.11540 of 2016 (4) dt.28-04-2016 as a member of mob, the petitioner is in custody since 19.01.2016, chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence, other co-accused namely, Daulti Devi, Dulari Devi, Rubi Devi and Malo Devi have been allowed pre-arrest bail whereas Sonraba Devi, Baby Devi, Parvati Devi and Bedami Devi have been allowed regular bail and as such the petitioner also deserves sympathetic consideration to which learned APP submits that the petitioner was also present at the time of committing the crime.

In the facts and circumstances stated above, 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 Shri Jigar Sah, J. M. Ist Class, Gaya in connection with Wazirganj P.S. Case No. 186 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 default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) avin/- U T