IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21654 of 2009 KAMLESH MANJHI Versus STATE OF BIHAR with Cr.Misc. No.19289 of 2009 HARI CHAND MANJHI Versus STATE OF BIHAR ----------- 3 12.08.2009 Both the matters arise out of the same occurrence giving rise to Bodh Gaya (Chorki) P.S. case no. 52 of 2008 initially instituted under diverse sections of Indian Penal Code including Section 307 IPC and Section 3, 4 and 5 of Witch Act but subsequently Section 302 was added. Heard counsel for the petitioner (in Cr. Misc. No. 21654 of 2009). No body has appeared to press the application on behalf of the petitioner Hari Chand Manjhi (Cr. Misc. No. 19289 of 2009). The State is represented by APP. As per the F.I.R., the informant was sleeping inside the house when accused persons named therein surreptitiously arrived at and it is alleged that one of them started pressing his neck. Thereafter the petitioner Kamlesh Manjhi assaulted on the neck of the informant with fasuli. Further allegation is that petitioner Hari Chand Manjhi thereafter assaulted on the back by means of a dagger. Learned counsel appearing in support of Cr. Misc. No. 21654 of 2009 submits that the main allegation is against co- accused Hari Chand Manjhi. This Court finds from the pleadings 2 that this is not the petitioner’s case that there was no corresponding injury found on the person of the deceased. Looking to the allegation and the material on record, as reflected from the impugned order, this court is not inclined to admit them on bail. Their prayer for bail is, accordingly, rejected. Looking to the allegation assigned to the petitioner Kamlesh Manjhi and the fact that the Hari Chandra Manjhi appears to be the main assailant, the petitioner Kamlesh Manjhi is granted liberty to renew his prayer for bail if the trial of the case is not taken up within seven (07) months from the date of receipt/communication of a copy of this order. pkj ( Kishore K. Mandal, J. )