Satish Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56953 of 2022 Arising Out of PS. Case No.-144 Year-2022 Thana- BUNIYAD GANJ District- Gaya ====================================================== Deosharan Manjhi @ Darshan Manjhi Son of Chottan Manjhi @ Gorkha Manjhi R/o Village - Surag Pokhra/ Bhuiyan Toli, P.S.- Buniyadganj, District - Gaya ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 67373 of 2022 Arising Out of PS. Case No.-144 Year-2022 Thana- BUNIYAD GANJ District- Gaya ====================================================== Satish Manjhi Son of Kapil Manjhi R/V- Manpur Suryapokhar Hari Bagicha, P.S- Buniyadganj, Dist- Gaya ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 56953 of 2022) For the Petitioner/s :

Mr. Anuj Kumar, Adv.

For the Opposite Party/s :

Mr. Ramchandra Sahni, APP.

(In CRIMINAL MISCELLANEOUS No. 67373 of 2022) For the Petitioner/s :

Mr. Anil Kumar Saxena, Adv.

For the Opposite Party/s :

Mr. Parmanand Prasad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-12-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek regular bail in connection with Buniyadganj P.S. Case No. 144 of 2022 lodged under Section

Patna High Court CR. MISC. No.56953 of 2022(2) dt.24-12-2022 2/3 392 of the I.P.C.

As per the prosecution case, the informant disclosed that he is a staff in Manpur Railway Station posted at gate no. 9. Informant has alleged that on the night 17.05.2022 at about 11 p.m., when he was crossing near Manpur Pokhara then some unknown persons stopped his motorcycle and started assaulting him and taken his mobile-phone and snatched Rs. 9,000/- and therefore requested to do the needful.

Learned counsel for the petitioner of Criminal Miscellaneous No. 56953 of 2022 submits that petitioner is innocent and has committed no offence. He submits that under conspiracy, petitioner's name has been figured in this case. Learned counsel for the petitioner submits that nothing was recovered from the petitioner's possession. He submits that in the version of paragraph 32 of case-diary as mentioned in the order passed by learned Sessions Judge, the informant was assaulted by lathi which was not supported by version given in the F.I.R.

Learned counsel for the Criminal Miscellaneous No. 67373 Of 2022 submits that Rs. 1000/- was recovered from the possession of the petitioner.

Learned counsel for the both cases submits that

Patna High Court CR. MISC. No.56953 of 2022(2) dt.24-12-2022 3/3 petitioners have been identified in T.I.P. by informant who has been assaulted by the lathi. They also submit that petitioners of both the cases are in custody since 24.05.2022. Charge-sheet has already been filed in this case. Upon specific query whether charge has been filed or not, as per their knowledge charge has been not filed.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail, therefore, the bail applications are rejected. Liberty is hereby granted to the petitioners that they may renew their prayer for bail after framing of charge. Trial Court is hereby directed to expedite the trial as earliest as possible.

(Dr. Anshuman, J.) ashishsingh/- U T