Mithilesh Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64999 of 2022 Arising Out of PS. Case No.-137 Year-2022 Thana- SILAO District- Nalanda ====================================================== Mithilesh Manjhi, S/o Sine Manjhi, R/V- Mahmadpur, P.S.- Giriyak, DistrictNalanda (Bihar). ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nishant Kumar Sinha, Advocate For the Opposite Party/s : Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 13-03-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Silao P.S. Case No. 137 of 2022 registered for the offence under Sections 341, 323, 325, 307, 379, 504, 506/34 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 23.08.2022.
The allegation against the petitioner is to assault brother of informant causing head and other bodily injuries
Patna High Court CR. MISC. No.64999 of 2022(2) dt.13-03-2023 2/3 alongwith other co-accused persons for the reason that the brother of informant urinate on the Jalawan keeping in front of the house of informant.
Learned counsel appearing on behalf of the petitioner submitted that allegation as regard to assault is not available against this petitioner as per the face of FIR. It is also submitted that the allegation against this petitioner is only to withdraw Rs. 2000/- from the pocket of brother of informant, namely, Ajay Chaudhary during the course of occurrence. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has already been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP opposes the prayer of bail.
Considering the facts and circumstances as mentioned above as allegation as regard to assault is not available against this petitioner as per face of FIR, coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Silao P.S. Case No. 137 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magis-
Patna High Court CR. MISC. No.64999 of 2022(2) dt.13-03-2023 3/3 trate, Nalanda (Biharsharif)/concerned Court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. (Chandra Shekhar Jha, J) veena/- U T