Sonu Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29649 of 2018 Arising Out of PS.Case No. -580 Year- 2017 Thana -SIWAN MUFFASIL District- SIWAN ======================================================

1. Sonu Manjhi S/o Late Ram Naresh Manjhi, R/o Vill.- Rampur, P.S.- Siwan Muffasil, District- Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Pandey For the Opposite Party/s : Mr. Sri Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-05-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks pre-arrest bail in connection with Siwan Muffasil P.S. Case No.580 of 2017 registered for the offences under Sections 302/34 of I.P.C. and Section 27 of the Arms Act.

Allegation of the informant Nagendra Yadav, is that on 12.12.2017 at 5 P.M. when my middle brother Pappu Yadav was sitting at his betel shop two persons, namely, Robin Mahto and Karan Yadav came and called him to go elsewhere with them whereupon the informant asked them as to where you were taking my brother then they replied that there was some urgent work and we would return after sometime. Thereafter he came in suspicion

Patna High Court Cr.Misc. No.29649 of 2018 (2) dt.14-05-2018 2/3 and he along with his younger brother went in search of his brother on his own motor cycle and when he reached near the house of one Pramod Ranjan he found Robin and Karan having pistols in their hands as well as two other boys were standing by the side of Motorcycle and exchange of hot words was going on among Robin, Karan and Pappu Yadav. No sooner than we reached there Karan fired at my brother causing firearm injury near his temple region due to which he fell down and Robin also fired on the neck of my brother. Then the informant and his brother raised alarm and both miscreants fled away unfurling their pistols in air.

Learned counsel appearing on behalf of the petitioner submits that the occurrence is said to be the genesis of the earlier quarrel among them in the play ground of cricket. Petitioner is not named in the F.I.R. and his name has come on the basis of confessional statement of co-accussed.

Having considered the facts and the circumstances of the case, let the petitioner above named, in the event of his arrest or surrender before the court below within six weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan, in Siwan Muffasil P. S.

Patna High Court Cr.Misc. No.29649 of 2018 (2) dt.14-05-2018 3/3 Case No.580 of 2017 subject to the conditions as laid down under Section 438(2) of Cr.P.C.

(Rajendra Kumar Mishra, J) AnilKrSinha/- U