Ramdeo Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68487 of 2022 Arising Out of PS. Case No.-161 Year-2022 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== Ramdeo Manjhi, Son of Panchu Manjhi, Resident of Village- Motichak, P.S.- Magadh University, District- Gaya(Bihar).

... ... Petitioner/S

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar No2, Advocate For the Opposite Party/s :

Mr.Zainul Abedin, APP For the Informant :

Shri Kamal Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 16-03-2023 Heard learned counsel appearing on behalf of the petitioner, learned counsel appearing on behalf of the State and learned counsel appearing on behalf of Informant. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Magadh University P.S. Case No. 161 of 2022 registered for the offence under Sections 307, 504 and 34 of the Indian Penal Code and Section 27 of Arms Act.

The accused/petitioner is named in the F.I.R. and is in custody since 07.07.2022.

The allegation against the petitioner is to open fire upon the husband of informant alongwith other co-accused

Patna High Court CR. MISC. No.68487 of 2022(2) dt.16-03-2023 2/3 persons, causing firearm injuries on arm and chest of the injured with intention to cause death. It is alleged that occurrence took place due to previous enmities.

Learned counsel appearing on behalf of the petitioner submitted that the maximum allegations, which is available against this petitioner as per the face of FIR is of order giver, whereas the allegation of firing is specifically available against co-accused, namely, Krishna Manjhi. While concluding the argument, it is submitted that petitioner found involved in 2 criminal cases, where he is on bail and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP duly assisted by learned counsel appearing on behalf of informant Shri Kamal Kumar Sinha, while opposing the prayer of bail fairly conceded that allegation of firing is not available against this petitioner. Considering the facts and circumstances as mentioned above, as allegation of firing is not available against this petitioner, coupled with fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Magadh University P.S.

Patna High Court CR. MISC. No.68487 of 2022(2) dt.16-03-2023 3/3 Case No. 161 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 Judicial Magistrate-1st Class, Gaya/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) veena/- U T