Ranjeet Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.609 of 2022 Arising Out of PS. Case No.-154 Year-2020 Thana- SIKTI District- Araria ====================================================== Ranjeet Manjhi, S/o Ramanand Manjhi, Resident of Village- Singhia, Ward No.07, P.S.- Sikty, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Prasad Singh, Advocate For the Opposite Party/s :

Mr.Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 31-01-2023 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with S.T. No.11 of 2021, arising out of Sikty P.S. Case No.154 of 2020, registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 325, 326, 307, 384, 504 and 506 of the Indian Penal Code. Subsequently, Section 302 of the Indian Penal Code is added.

Over a dispute regarding ownership of a Sheesham tree, there is alleged assault by the accused side upon the prosecution parties.

The specific allegation against the petitioner is of assault by means of sword on the hand of one Parmanand Yadav.

Patna High Court CR. MISC. No.609 of 2022(4) dt.31-01-2023 2/3 It is submitted by the learned counsel for the petitioner that in the free-fight that has taken place between the parties, based on such trivial issue, injuries have been sustained on both sides. The petitioner is not author of the injury, which is alleged against him. Parties are agnates and the petitioner is having no antecedents and has been implicated by virtue of the fact that he is family member of the accused side. He is in custody since 14.08.2020. Other co-accused persons, namely, Ram Bilash Manjhi, Jabun Manjhi and Ramanand Manjhi, have been allowed bail in Cr.Misc. No.22218 of 2021, Cr.Misc. No.29384 of 2021 and Cr.Misc. No.609 of 2022, respectively. Learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, nature of accusations, period of custody as also his clean antecedents, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge-V, Araria, in connection

Patna High Court CR. MISC. No.609 of 2022(4) dt.31-01-2023 3/3 with S.T. No.11 of 2021, arising out of Sikty P.S. Case No.154 of 2020, subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) PNM U T