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Patna High CourtCR. MISC./17590/2015bail granted

Dharmendra Manjhi v. The State Of Bihar

2015-09-07Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17590 of 2015 Arising Out of PS.Case No. -120 Year- 2014 Thana -KARPI District- JEHANABAD ====================================================== Dharmendra Manjhi, S/o Maheshwar Manjhi @ Madheshwar Manjhi @ Maheshi Manjhi, Resident of village - Belkhari Tola Guljar Bigha, Police Station -Karpi, District - Arwal. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sunil Prasad, Advocate For the Opposite Party/s : Mr. Shailendra Kumar No.2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 3 07-09-2015 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner seeks pre-arrest bail in connection with Karpi P.S. Case No. 120 of 2014 registered under Section 302 read with 34 Indian Penal Code.

It is contended that out of animosity, name of the petitioner was given in the FIR. However, in course of investigation, investigating agency found him innocent and accordingly, he was not sent up for trial.

Learned counsel for the State concedes the fact that in case diary it has come that there was previous animosity due to

Patna High Court Cr.Misc. No.17590 of 2015 (3) dt.07-09-2015 2 / 2 which petitioner's name was given by the prosecution side. Learned counsel for the informant has submitted that the allegations made in the FIR are identical against all the accused persons but the police found the petitioner to be innocent whereas others named in the FIR have been chargesheeted. Be that as it may, regard being had to the facts and circumstances of the case, in the event of arrest or surrender within a period of four weeks from today, the petitioner is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Jehanabad in connection with Karpi P.S. Case No. 120 of 2014 subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Ashwani Kumar Singh, J.) Sanjeet/- U T