Vijay Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84697 of 2023 Arising Out of PS. Case No.-361 Year-2019 Thana- WAJIRGANJ District- Gaya ====================================================== Vijay Manjhi Son of Birju Manjhi Resident of Village - Bhagalpur, P.S.- Warjirganj, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar, Adv.

For the Opposite Party/s :

Mr. Choubey Jawahar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 324, 326, 307, 504, 506 and 302 of the Indian Penal Code.

3. As per the F.I.R., allegation against the petitioner is that 17 F.I.R. named persons including petitioner armed with deadly weapons surrounded the informant's son. It is further alleged that co-accused Parvesh manjhi has hit upon head of the informant's son by means of Taangi and Kandhay Manjhi has assaulted with iron rod on his hand and back and all accused persons have brutally assaulted the informant's son.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the

Patna High Court CR. MISC. No.84697 of 2023(2) dt.15-01-2024 2/2 petitioner is not specific rather general and omnibus in nature. He further submits that petitioner is only member of the mob. There is no specific overt act against the petitioner. Similarly situated co-accused, Nago Paswan has been enlarged on bail by a coordinate bench of this court vide order dated 15.10.2020 passed in Cr. Misc. No. 26169 of 2020. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, similarly situated co-accused has been enlarged on bail by a coordinate bench of this Court, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Wajirganj P.S. Case No. 361 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) annpurna/- U T