Criminal Miscellaneous appeal for bail. The court allowed the petition, releasing the petitioner on bail with a bond of Rs. 10,000 and two sureties, relying on bail granted to co‑accused in a related petition.
Release on bail with bond of Rs. 10,000 and two close relative sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5368 of 2019
Arising Out of PS. Case No.-62 Year-2007 Thana- MASAUDHI District- Patna
======================================================
Bhola Manjhi @ Bholi Manjhi s/o Rampati Manjhi Resident of Village - Bansdih, P.S.- Masaurhi, District-Patna.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Satish Chandra For the Opposite Party/s : Mr.Bal Mukund Prasad Sinha ======================================================
CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
2 05-02-2019 Heard the learned counsel for the petitioner and the
learned A.P.P. for the State.
The petitioner seeks bail in Masaurhi P.S. Case 62/2007, instituted for offences under Section(s) 147, 148, 149, 302, 324, 326, 307, 379 and 427 of the Indian Penal Code read with Section 27 of Arms Act and Section 17 of C.L.A. Act.
It is alleged in the written report that on the date of occurrence in the evening informant and his brother was looking after his field. In the meantime, 15 to 20 persons including the petitioner arrived and assaulted the brother of informant and took him in the western side and shot him. Thereafter the accused persons threw the brother of informant in the well of Rajendra Rai.
Learned counsel for the petitioner has submitted that
Patna High Court Cr.Misc. No.5368 of 2019(2 ) dt.05-02-2019 2/2
other accused with similar allegation has already been granted bail by this Court in Cr. Misc. No. 55791/2018 dated 13.12.2018.
Petitioner is in custody since 03.06.2018.
Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail 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 the learned S.D.J.M., Masaurhi in connection with Masaurhi P.S. Case No. 62/2007, subject to the conditions that both the bailors shall be the close relative of the petitioner.
(Sanjay Priya, J)
rakhi/-
U T
2 issues framed by the court
Whether the petitioner qualifies for bail in a case involving serious offences including murder and armed robbery.
Whether the grant of bail to co‑accused entitles this petitioner to be released on bail.
Colour shows how this judgement treated each authority
Cr. Misc. No. 55791/2018Referred¶17
Bhola Manjhi @ Bholi Manjhi
The State of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
