Mithu Manjhi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77478 of 2018 Arising Out of PS. Case No.-47 Year-2018 Thana- PHENHARA District- East Champaran ======================================================

1. Mithu Manjhi and Ors S/o Raghu Manjhi,

2. Guddu Manjhi,

3. Anurag Manjhi Both S/o Raghu Manjhi, All R/o Kalu Pakad, P.S.- Phenhara , Distt.- E. Champaran.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Dhannjay Kumar No 2, Advocate For the Opposite Party/s :

Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 17-01-2019 Heard learned counsel for the petitioners, learned Additional Public Prosecutor for the State and learned counsel for the informant.

The petitioners seek pre-arrest bail in connection with Phenhara P. S. Case No. 47 of 2018 registered under Sections 147, 148, 149, 341, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioners that similarly circumstanced co-accused Mahendra Manjhi @ Mahindra Manjhi and Srawan Manjhi have already been granted pre-arrest bail by a co-ordinate Bench of this Court vide order dated 09.01.2019 passed in Cr. Misc. No. 77600 of

Patna High Court Cr.Misc. No.77478 of 2018(2) dt.17-01-2019 2/2 2018.

Learned Additional Public Prosecutor for the State does not dispute the submission made by the learned counsel for the petitioners.

However, learned counsel for the informant has opposed the prayer for grant of bail to the petitioners. Considering the submission that two other coaccused persons having identical allegation have already been granted pre-arrest bail by a co-ordinate Bench of this Court, in the event of arrest or surrender before the court below, the petitioners named above are directed to be released on bail 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 Magistrate, Motihari East Champaran at Motihari in Phenhara P. S. Case No. 47 of 2018, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J.) kanchan/- U T