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Patna High CourtCR. MISC./69694/2019bail granted

Siya Ram Manjhi v. The State Of Bihar

2019-11-16Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69694 of 2019 Arising Out of PS. Case No.-202 Year-2019 Thana- BELHAR District- Banka ====================================================== 1.

Siya Ram Manjhi, aged about 68 years, sex-male, Son of Parmeshwar Manjhi Resident of Village - Kharaua, P.S.- Kheshar (Belhar), Distt - Banka. 2.

Brajesh Yadav, aged about 22 years, male, Son of Sri Ajay Yadav Resident of Village - Kharaua, P.S.- Kheshar (Belhar), Distt - Banka. 3.

Ram Bilas Manjhi @ Ram Bilash Yadav, aged about 22 years, male, Son of Sita Ram Manjhi Resident of Village - Kharaua, P.S.- Kheshar (Belhar), Distt - Banka.

... ... Petitioners

Versus

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

For the Petitioners :

Mr. Chandra Bhushan Upadhyay, Advocate For the Opposite Party :

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-11-2019 Heard learned counsel for the petitioners, learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 325, 307, 504 and 506/34 of the Indian Penal Code. As per prosecution case, the informant alleges that all the accused persons including the petitioners have assaulted the informant, who sustained grievous injuries and when rescued by the informant's son, he was also assaulted by the accused persons.

It is submitted on behalf of the petitioners that the petitioners have falsely been implicated in this case as counter blast of Belhar (Kheshar) P.S.Case No.201 of 2019. There is case and counter case between the parties. Both sides received injuries and as per the injury report, all injuries are simple in

Patna High Court CR. MISC. No.69694 of 2019(2) dt.16-11-2019 2/2 nature caused by hard and blunt substance.

In the aforesaid facts and circumstances, let the above named petitioners be released on bail in the event of their arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Banka/successor Court in connection with Belhar (Kheshar) P.S.Case No.202 of 2019, with following conditions:- (i) Petitioners shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the court below. (ii) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Prabhat Kumar Singh, J) B.Kr./- U T