High Court Jharkhand High Court

Bihari Manjhi & Ors vs State Of Jharkhand on 3 May, 2011

Jharkhand High Court
Bihari Manjhi & Ors vs State Of Jharkhand on 3 May, 2011
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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/