Ajay Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69857 of 2019 Arising Out of PS. Case No.-383 Year-2018 Thana- FATEHPUR District- Gaya ====================================================== AJAY MANJHI Son of Ramdhani Manjhi Resident of Village - Pakari, P.S.- Fatehpur, Distt - Gaya. (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Onkar Nath For the Opposite Party/s :

Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-12-2019 Heard learned counsel for the parties.

This application for regular bail arises out of Fatehpur P.S. Case No. 383/2018, disclosing the offence under Sections 341, 342, 323, 324, 326 and & 307 of the Indian Penal Code. The petitioner is in custody since 21.06.2019. It is alleged in the FIR that the petitioner was abusing the informant's husband and when the informant's husband objected to it, the petitioner made an assault on him with a fasuli. The said assault caused injuries in the left hand of the informant's husband as also in his abdominal region.

Learned counsel appearing on behalf of petitioner has submitted that the injuries have so far not been found to be grievous in nature and in any view of the matter, since there is no likelihood the petitioner fleeing from the course of

Patna High Court CR. MISC. No.69857 of 2019(2) dt.18-12-2019 2/2 investigation he may be admitted to the privilege of regular bail as he has remained in custody for nearly six months. He has also submitted that no offence under Section 307 of the IPC can be said to be made out on the basis of what has been alleged in the FIR as there is no allegation of repetition of blow. Considering the facts and circumstances and the submission made on behalf of the petitioner as stated above, this application is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand), with two sureties of the like amount, each to the satisfaction of learned Chief Judicial Magistrate, Gaya in Fatehpur P.S. Case No. 383/2018.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Prakash Narayan /- U T