IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26061 of 2011 ====================================================== Karu Manjhi son of Shri Saroopan Manjhi, resident of village-Selarpur, P.S.-Shakurabad, District-Jehanabad. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Shamsher Bahadur Pandey with Mr. Satyendra Prasad Singh, Advocate For the Opposite Party : None ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 3 25-10-2011 Heard learned counsel appearing on behalf of the petitioner. No body appears on behalf of the State. In a criminal prosecution registered under Section 302/149 and some other allied offences under the Indian Penal Code as also under Section 27 of the Arms Act, the petitioner is not named in the First Information Report as an accused. It is submitted that according to prosecution case itself specific allegation of firing upon the deceased Ram Swaroop Sah is against co-accused Md. Salim Mian. It is further submitted that during the course of investigation, though the complicity of petitioner was also shown for commission of crime in question, but he is not alleged to have assaulted the deceased in any manner. Patna High Court Cr.Misc. No.26061 of 2011 (3) dt.25-10-2011 2 It is next contended that petitioner is alleged to have assaulted one Sri Niwas Gupta. Some of the witnesses are said to have stated that petitioner was armed with sword, but the injured Sri Niwas Gupta himself stated that the petitioner was armed with rifle. However, by referring to the injury report recorded in paragraph 110 of the case diary, it is submitted that injured Sri Niwas Gupta received three injuries, out of them two have been opined to be simple and one is said to be grievous, but all the injuries are said to have been caused by hard blunt substance. The petitioner is stated to be in judicial custody since 28.05.2011. Be that as it may, in the facts and circumstances of the case, the above named petitioner is directed to be released on bail, on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each in connection with Sakurabad P.S. Case No. 65 of 2007 giving rise to S.Tr. No. 80 of 2009/129 of 2010 to the satisfaction of learned Additional Sessions Judge- F.T.C.-IV, Jehanabad. Devendra/- (Birendra Prasad Verma, J)