Patna High Court - Orders
Dinesh Manjhi vs The State Of Bihar on 13 October, 2017
Author: Nilu Agrawal
Bench: Nilu Agrawal
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47142 of 2017
Arising Out of PS.Case No. -202 Year- 2015 Thana -BODHGAYA District- GAYA
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1. Dinesh Manjhi Son of Ramsarup Manjhi, R/o Village- Mastpura, P.S.-
Bodh Gaya, District- Gaya.
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Vinod Kumar
For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary
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CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL
ORAL ORDER
2 13-10-2017Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in connection with Bodh Gaya P.S. Case No. 202 of 2015 for offences punishable under Sections 147, 148, 149, 341, 323, 325, 353, 379, 333, 427, 506, 504, 120-B of the Indian Penal Code and Section 4 of the Prevention of Public Property Act.
The prosecution case, as lodged by the Assistant Engineer, (Civil) who was entrusted to construct boundary wall near Bodh Gaya Super grid Sub-station, was assaulted by the petitioner along with two named accused and 100 of un-named persons. It is alleged that the petitioner along with others resorted to assault and also took away the items used for construction of boundary wall.
Patna High Court Cr.Misc. No.47142 of 2017 (2) dt.13-10-20172/2
It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has falsely been implicated in the aforesaid case. He submits that it was the mob attack and the injury cannot be attributed specifically to the petitioner to have been caused by him. He further submits that the injuries are mere abrasions. Petitioner is languishing in judicial custody since 28.07.2017, nearly for three months.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged 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 connection with Bodh Gaya P.S. Case No. 202 of 2015 subject to the condition that one of the bailors would be a close relative of the petitioner.
(Nilu Agrawal, J) sushma/-
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