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Patna High CourtCR. MISC./47094/2018bail granted

Baiju Manjhi And ANR v. The State Of Bihar

2018-08-29Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47094 of 2018 Arising Out of PS. Case No.-72 Year-2017 Thana- BARAULI District- Gopalganj ======================================================

1. Baiju Manjhi, Son of Late Sangam Manjhi,

2. Junia Devi alias Jonihia Devi, Wife of Baiju Manjhi, Both resident of Village- Kahla, P.S.- Barauli, District- Gopalganj. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Mohammad Sufyan For the Opposite Party/s :

Mr. Sri Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-08-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Barauli P.S. case no. 72 of 2017 instituted for the offence under Section(s) 341, 147,148,149, 323, 324, 326, 307 and 504 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that there is specific allegation against co- accused Jai Ram Manjhi of assaulting the brother of the informant with sword on his head. There is general and omnibus allegation against all these petitioners.

In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event

Patna High Court Cr.Misc. No.47094 of 2018(3) dt.29-08-2018 2/2 of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Barauli P.S. case no. 72 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the CJM, Gopalganj, subject to the conditions as laid down under Section 438(2) Cr. P.C. with further conditions:(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if 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.

(Sanjay Priya, J) shyambihari/- U T