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In the High Court of Jharkhand at Ranchi
B.A. No.8220 of 2010
1.Bihari Manjhi
2. Kaleshwar Manjhi @ Kaleshwar Ram
3. Pramod Manjhi @ Pramod Mama............. Petitioners
VERSUS
State of Jharkhand .....................Opposite Party
CORAM: HON'BLE MR.JUSTICE R.R.PRASAD
For the Petitioners :Mr. P.K.Sahai
For the State :A.P.P
4. 3.5.11
. Heard learned counsel appearing for the petitioners and learned
counsel appearing for the State.
The petitioners are accused in Manika P.S. Case no.27 of 2010
registered under Sections 147/149/341/323/342/307/302 of the Indian Penal Code.
Learned counsel appearing for the petitioners submits that the
circumstances mentioned in the first information report itself, under which the
occurrence took place, the petitioners cannot be said to have had any intention to
commit murder of the deceased and moreover, petitioners no.1 and 2 have only
been alleged to have caught hold hand and feet of the deceased whereas the
petitioner no.3 has never been alleged to have committed any overt act and that it
were Chhotu Manjhi, Vishal Manjhi and Arjun Paswani who assaulted the deceased
with stone, as a result of which he died and hence, the petitioners cannot be said to
be the persons who caused injury resulting into the death.
Regard being had to the facts and circumstances of the case,
the above named petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like
amount each to the satisfaction of Chief Judicial Magistrate, Latehar in Manika P.S.
Case no.27 of 2010 (G.R. No.228 of 2010).
(R.R.Prasad, J.)
ND/