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Patna High CourtCR. MISC./65250/2022allowed

Laloo Manjhi @ Pyare Manjhi v. The State Of Bihar

2023-03-18Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65250 of 2022 Arising Out of PS. Case No.-200 Year-2019 Thana- MAKHDUMPUR District- Jehanabad ====================================================== Laloo Manjhi @ Pyare Manjhi, S/O Late Bauchha Manjhi R/O VillageBhane Bigha, P.S- Makhdumpur, District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surendra Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 147, 148, 149, 452, 341, 342, 354, 323, 324, 325, 326, 307, 302/120(B) of the Indian Penal Code. The allegation against the petitioner and others is of assaulting the father of the informant and his family members, during treatment the informant's father died. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. He submits that there is specific allegation against Maheshwar Manjhi, who assaulted with iron rod to the father of the informant on his head. There is no specific overt act against the petitioner as per the FIR and there is general and

Patna High Court CR. MISC. No.65250 of 2022(3) dt.18-03-2023 2/2 omnibus allegation against the petitioner. The petitioner is only a member of mob. Learned counsel for the petitioner further submitted that the other co-accused has already been granted bail vide order dated 18.02.2020 by a Co-ordinate Bench passed in Cr. Misc No. 68884 of 2019. The petitioner is accused in one case in which he is on bail, as stated in para-3 of the bail petition. It is also submitted that petitioner is languishing in judicial custody since 20.08.2022.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Makhdumpur P.S. Case No. 200 of 2019 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II, Jehanabad. (Sunil Kumar Panwar, J) Arish/- Sushma/- U T