Sipahi Manjhi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44042 of 2018 Arising Out of PS.Case No. -50 Year- 2018 Thana -ISUAPUR District- SARAN ======================================================
1. Sipahi Manjhi, S/o Tarai Manjhi,
2. Om Prakash Manjhi S/o Sipahi Manjhi, Both R/o Vill.- Ram Chaura, P.S.- Ishuapur, District- Saran At Chapra (Bihar). .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rakesh Kumar, Adv. For the Opposite Party/s : Mr. Ramchandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-09-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners seek bail in Isuapur P.S. Case No. 50/2018, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 447, 448, 302, 504 and 506 of the Indian Penal Code.
Allegation is against nine named accused and 5 to 6 unknown. Petitioners are named in the F.I.R. It is alleged that they entered into the house of informant and assaulted his husband, as a result of which he died during treatment.
It has been submitted that allegation against all the accused are general and omnibus. Post-mortem report shows only one injury which proved to be fatal. Main allegation is against
Buddhu Manjhi who had altercation with the husband of informant and others are named as his associates. Similarly placed coaccused have been granted bail vide order dated 31.07.2018 passed in Cr. Misc. 39261/2018.
Petitioners have clean antecedent. They are in custody since 28.04.2018.
Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Saran at Chapra in connection with Isuapur P.S. Case No. 50/2018, subject to the conditions:
(1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2.) Petitioners shall co-operate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel their bail bonds.
(3.) If the petitioners tamper with the evidence
or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(S. Kumar, J) Vinita/- U T