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Patna High CourtCR. MISC./87026/2019bail granted

Saheb Manjhi v. The State Of Bihar

2020-02-20Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87026 of 2019 Arising Out of PS. Case No.-63 Year-2019 Thana- DHURAIYA District- Banka ====================================================== 1.

Saheb Manjhi, S/o Late Chhapri Manjhi Resident of Village- Motanga, P.S.- Dhoraiya, Distt- Banka.

2.

Banti Manjhi @ Shashank Shekhar, S/o Saheb Manjhi Resident of VillageMotanga, P.S.- Dhoraiya, Distt- Banka. 3.

Rahul Panjiyara, S/o Kedar Panjiyara Resident of Village- Kachamachiya, Patar Tola, P.S.- Panjawara, Distt- Banka.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Ajay Mukherjee For the Opposite Party/s :

Mr. Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-02-2020 Heard learned counsel appearing for the petitioners as well as learned Additional Public Prosecutor for the State.

2. Petitioners apprehend their arrest in connection with Dhoraiya P. S. Case No.63 of 2019 registered for the offence punishable under Section 302/34 of the I.P.C.

3. Although, the petitioners are named in the first information report, but only suspicion has been raised against them. Moreover, the impugned order goes to show that after investigation, chargesheet was submitted only against the F.I.R. named accused Manoj Manjhi whereas investigation against these petitioners was kept pending.

Patna High Court CR. MISC. No.87026 of 2019(2) dt.20-02-2020 2/2

4. However, having more or less similar allegation some co-accused have already been granted privilege of anticipatory bail by a different Benches of this Court.

5. Considering the aforesaid facts and circumstances of the case as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within six weeks from the date of receipt of this order to the Court concerned, shall be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Vikash Kumar, learned Judicial Magistrate, Ist Class/ or successor Court, Banka in connection with Dhoraiya P. S. Case No.63 of 2019, subject to conditions as laid down under Section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) vikash U T