Patna High Court
CR. MISC./56953/2022 of DEOSHARAN MANJHI @ DARSHAN MANJHI Vs The State of Bihar on 24 December 2022
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.56953 of 2022 Arising Out of PS. Case No.-144 Year-2022 Thana- BUNIYAD GANJ District- Gaya ====================================================== Deosharan Manjhi @ Darshan Manjhi Son of Chottan Manjhi @ Gorkha Manjhi R/o Village - Surag
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224-12-2022
IN THE HIGH COURT OF JUDICATURE AT PATNACRIMINAL MISCELLANEOUS No.56953 of 2022
Arising Out of PS. Case No.-144 Year-2022 Thana- BUNIYAD GANJ District- Gaya ======================================================
Deosharan Manjhi @ Darshan Manjhi Son of Chottan Manjhi @ GorkhaManjhi R/o Village - Surag Pokhra/ Bhuiyan Toli, P.S.- Buniyadganj, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 67373 of 2022
Arising Out of PS. Case No.-144 Year-2022 Thana- BUNIYAD GANJ District- Gaya ======================================================Satish Manjhi Son of Kapil Manjhi R/V- Manpur Suryapokhar Hari Bagicha,P.S- Buniyadganj, Dist- Gaya Let the defect(s), if any, be removed within two weeks from today.
Heard learned counsel for the petitioners and learnedA.P.P. for the State.
The petitioners seek regular bail in connection withBuniyadganj P.S. Case No. 144 of 2022 lodged under Section 392 of the I.P.C.
As per the prosecution case, the informant disclosedthat he is a staff in Manpur Railway Station posted at gate no. 9.Informant has alleged that on the night 17.05.2022 at about 11p.m., when he was crossing near Manpur Pokhara then someunknown persons stopped his motorcycle and started assaultinghim and taken his mobile-phone and snatched Rs. 9,000/- andtherefore requested to do the needful.
Learned counsel for the petitioner of CriminalMiscellaneous No. 56953 of 2022 submits that petitioner isinnocent and has committed no offence. He submits that underconspiracy, petitioner's name has been figured in this case.Learned counsel for the petitioner submits that nothing wasrecovered from the petitioner's possession. He submits that inthe version of paragraph 32 of case-diary as mentioned in theorder passed by learned Sessions Judge, the informant wasassaulted by lathi which was not supported by version given inthe F.I.R.
Learned counsel for the Criminal Miscellaneous No.67373 Of 2022 submits that Rs. 1000/- was recovered from thepossession of the petitioner.
Learned counsel for the both cases submits that ashishsingh/- UT
petitioners have been identified in T.I.P. by informant who hasbeen assaulted by the lathi. They also submit that petitioners ofboth the cases are in custody since 24.05.2022. Charge-sheet hasalready been filed in this case. Upon specific query whethercharge has been filed or not, as per their knowledge charge hasbeen not filed.
Learned counsel for the State opposes the prayer for bail.
In the present facts and circumstances of this case andthe submissions made above, I am not inclined to grant bail,therefore, the bail applications are rejected.
Liberty is hereby granted to the petitioners that they may renew their prayer for bail after framing of charge.
Trial Court is hereby directed to expedite the trial asearliest as possible.
(Dr. Anshuman, J.)