Dinesh Manjhi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34463 of 2014 Arising Out of PS.Case No. -101 Year- 2013 Thana -PARAIYA District- GAYA ======================================================

1. Dinesh Manjhi, Son of Ramjee Manjhi

2. Shyamjir Manjhi, Son of Butai Manjhi.

Both are residents of village - Dhanshira, P.S. -Paraiya, District- Gaya . .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sudhir Kumar Sinha, Advocate For the Opposite Party/s : Mr. Aditya Narayan Singh-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 13-03-2015 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in a case registered for the offence punishable under Sections 147, 148, 149, 302 and 506 of the Indian Penal Code.

The allegation against the accused including the petitioners is to have assaulted the father of the informant who succumbed to the injuries on the spot.

It is submitted that there is no specific allegation against the petitioners and in similar facts and circumstances, the co-accused Kalesh Manjhi, Dhananjay Manjhi, Sanjay Manjhi and Balgovind Manjhi have been granted bail vide Cr. Misc. Nos.40052/2014 and 35050/2014. The petitioners have no criminal antecedents. The learned counsel for the State submits that the accused Sanjay Manjhi, Dhananjay Manjhi and Kalesh Manjhi were accompanying the deceased and his son, the informant, but the

Patna High Court Cr.Misc. No.34463 of 2014 (5) dt.13-03-2015 2/2 petitioners and others have attacked the father of the informant with lathi and due to their assault, the deceased died and the accused Sanjay Manjhi and Kalesh Manjhi against whom, there is no specific allegation of overt act.

Considering the facts and circumstances of the case, let the above-named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya/court concerned in Paraiya P.S. Case No.101 of 2013 after framing of charge with the following conditions :

1.

One of the bailors will be the close relative of the petitioners.

2.

The petitioners will not indulge in similar or in any other offence.

3.

The petitioners will be well represented in the court.

4.

In case of absence for two consecutive dates or in violation of the terms of the bail, their bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) V.K. Pandey/- U T