Sanjay Chaudhary And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34129 of 2018 Arising Out of PS. Case No.-68 Year-2013 Thana- BODHGAYA District- Gaya ======================================================
1. Sanjay Chaudhary, Son of Sheonandan Chaudhary.
2. Vijay Chaudhary, Son of Sheonandan Chaudhary.
3. Sharavan Chaudhary, Son of Bandar Chaudhary.
4. Sheo Pujan Chaudhary, Son of Jhumal Chaudhary.
5. Hareman Manjhi @ Heraman Manjhi, Son of Kali Manjhi.
6. Buchchan Manjhi, Son of Rachho Manjhi.
7. Kara Manjhi, Son of Kuleshwar Mabnjhi.
8. Gain Manjhi, Son of Kesho Manjhi.
9. Naresh Manji, Son of Munarik Manjhi,
10. Mitan Manjhi @ Mital Manjhi @ Mithan Manjhi, son of Bishundhari Manjhi, 11.Arjun Manjhi, Son of Jiro Manjhi, All resident of VillageAmwan, P.S.- Bodh- Gaya, District- Gaya. ... ... Petitioners
Versus
The State of Bihar.
... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Arvind Kumar Singh, Adv.
For the Opposite Party :
Mr. Tarkeshwar Nath Thakur, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-08-2018 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners, who are in custody, seek bail in connection with Bodh-Gaya P.S. Case No. 68 of 2013 registered for the offences punishable under Sections 147, 148, 149, 323, 324, 341, 342, 307, 302, 333, 337, 338, 322, 224, 225,353, 120(B) and 379 of the Indian Penal Code.
Informant in his written complaint has stated that some others were arrested by the police in connection with a murder case and while petitioners were being taken by the
Patna High Court Cr.Misc. No.34129 of 2018(3) dt.14-08-2018 2/2 police, they raised alarm, which attracted the villagers, who attacked on police party but anyhow the situation was taken under control by the police party by restoring to fire. However, one constable was killed in the aforesaid occurrence by the villagers and his dead body was recovered later on. It is submitted on behalf of the petitioners that they are not named in FIR and later on they had been made an accused on the basis of being members of the mob. It is further submitted that similarly situated co-accused have been granted bail by another coordinate Bench of this Court in Cr. Misc. No.16542 of 2014 and Cr. Misc. No.47290 of 2016 vide order dated 14.07.2014 and 16.12.2016 respectively. Petitioners are in custody since 26.03.2018.
Considering the aforesaid fact and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Bodh-Gaya P.S. Case No. 68 of 2013.
(S. Kumar, J) Rajiv/manoj U T