Chandra Manjhi @ Chander Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81911 of 2024 Arising Out of PS. Case No.-96 Year-2024 Thana- NARDIGANJ District- Nawada ====================================================== Chandra Manjhi @ Chander Manjhi S/o Sito Manjhi Resident of Village - Padariya Musahari,P.S. - Nardiganj, Dist - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 04-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Nardiganj P.S. Case No. 96 of 2024, registered on 31.03.2024 for the alleged offences under Sections 341, 323, 324, 307, 354, 448/34 of the Indian Penal Code.

3. As per prosecution case, the petitioner armed with Fasuli entered into the house of the informant and assaulted sister-in-law of the informant with Fasuli causing injuries to her. When opposed by the informant, the petitioner also assaulted the informant and his other family members causing a number of injuries to them.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.81911 of 2024(2) dt.04-12-2024 2/3 petitioner is innocent and has been falsely implicated in this case. The petitioner and informant are neighbours and their houses are adjacent to each other. The informant and his family members used to tease the petitioner and a fight broke out between two sides and both the sides received injuries but the petitioner did not lodge any complaint. This fact is also clear from the injury report as only two injuries on two persons were found to be caused by sharp cutting weapon and all other injuries are caused by hard blunt substance for which there is no allegation. Learned counsel further submits that, moreover, all the injuries are simple in nature. The petitioner is in custody since 02.04.2024 and his having no criminal antecedent and charge sheet has been submitted.

5. Learned APP opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the simple nature of injury and further considering the period of custody of the petitioner, his clean antecedent and submission of charge sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.81911 of 2024(2) dt.04-12-2024 3/3 satisfaction of learned Judicial Magistrate, Ist Class, Nawada/concerned Court in connection with Nardiganj P.S. Case No. 96 of 2024, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions :

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) DKS/- U T