Ajay Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66623 of 2024 Arising Out of PS. Case No.-364 Year-2023 Thana- BUNIYAD GANJ District- Gaya ====================================================== 1.

Ajay Manjhi Son of Late Pathe Manjhi Resident of Village- Shekha Bigha, P.S.- Buniyadganj, District- Gaya 2.

Akash Kumar @ Prakash Manjhi Son of Ajay Manjhi Resident of VillageShekha Bigha, P.S.- Buniyadganj, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Verma, Advocate.

For the Opposite Party/s :

Mr.Choubey Jawahar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 01-10-2024 Heard Mr. Pramod Kumar Verma, learned counsel appearing on behalf of the petitioners and Mr. Choubey Jawahar, learned A.P.P. for the State.

2. The petitioners seek regular bail in connection with Buniyadganj P.S. Case No. 364 of 2023 for the offence punishable under Sections 341, 323, 307 and 354/34 of the Indian Penal Code.

3. As per the allegation made in the F.I.R., all the accused persons including the petitioners are said to have assaulted the informant and his brother causing injury on vital parts of the body with an intention to kill for non-payment of money.

Patna High Court CR. MISC. No.66623 of 2024(2) dt.01-10-2024 2/3

4. Learned counsel appearing on behalf of the petitioners submitted that the petitioners are innocent and they have committed no offence as alleged. The petitioners have been roped in a false case. The injury sustained by the victims are simple in nature. Petitioner no.1 has one antecedent and petitioner no.2 has clean antecedent. They are in custody since 09.06.2024.

5. Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioners.

6. Considering the nature of allegation against the petitioners and the injury being simple in nature, the petitioners, above named, are directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-I, Gaya in connection with Buniyadganj P.S. Case No. 364 of 2023, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

(3) If the petitioner tampers 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 petitioner.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

Patna High Court CR. MISC. No.66623 of 2024(2) dt.01-10-2024 3/3

7. The District Court is directed to verify the criminal antecedent of the petitioners and if it is found that the petitioners are involved in some other cases as what has been stated in Para-3 of the bail petition, this order will automatically lose its force.

8. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T