Sagar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27052 of 2017 Arising Out of PS.Case No. -332 Year- 2015 Thana -BODHGAYA District- GAYA ======================================================

1. Sagar Manjhi, Son of Laungi Manjhi, resident of Village- Dahariya Bigha, P.S.- Bodh Gaya, District- Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Nand Kishore Prasad Sinha For the Opposite Party/s : Mr. Sri Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-06-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks regular bail in connection with Bodh Gaya P.S.Case No. 332 of 2015 registered under Sections 147, 148, 149, 323, 302/34 of the Indian Penal Code and 3 / 4 of the Prevention of Witch Craft Act.

The accusation leveled against the petitioner is with regard to death of the husband of the informant, who was tied with rope around the tree. It has been further alleged that when someone from the informant's side was performing witchcraft, the accused persons became infuriated and assaulted the husband of the informant and when the informant went to save him, she was also assaulted by the accused persons.

Learned counsel for the petitioner submits that there is

Patna High Court Cr.Misc. No.27052 of 2017 (2) dt.14-06-2017 2/2 general and omnibus allegation against all the accused persons. No specific overt act has been alleged against the petitioner by the informant. The petitioner has clean antecedent and is in custody since 22.03.2017.

Lastly, the learned counsel for the petitioner has submitted that co-accused has been granted bail vide order dated 20.12.2016 passed in Cr. Misc. No. 54333 of 2016 and the case of the petitioner is absolutely similar to that of the co accused person, who has been granted bail.

Having regard to the facts and circumstances of the case I deem it fit and appropriate to enlarge the petitioner on bail. Accordingly, let, above named petitioner, be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Gaya, in connection with Bodh Gaya P.S.Case No. 332 of 2015.

(Mohit Kumar Shah, J) singh/- U T