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2025 DAILYLAW 57802 (PAT)

Surendra Kumar v. The State of Bihar

CR. MISC./49402/2025 · 2025-09-09

R P Mishra

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.49402 of 2025 Arising Out of PS. Case No.-306 Year-2025 Thana- BODHGAYA District- Gaya ====================================================== 1. Surendra Kumar S/o Bisheshwar Manjhi @ Vipeshwar Manjhi @ Visheshwar Manjhi R/o Village - Basadhi, P.S.- Bodhgaya, District -Gaya 2. Sandeep Kumar @ Sanjeet Kumar S/o Dani Manjhi @ Tetar Manjhi R/o Village - Basadhi, P.S.- Bodhgaya, District -Gaya 3. Arvind Manjhi S/o Bagar Manjhi @ Sikendra Manjhi R/o Village - Basadhi, P.S.- Bodhgaya, District -Gaya 4. Nitish Manjhi @ Nandu Manjhi @ Naveen Manjhi S/o Butta Manjhi @ Dinesh Manjhi R/o Village - Basadhi, P.S.- Bodhgaya, District -Gaya 5. Batar Manjhi @ Batru Manjhi S/o Late Jitan Manjhi R/o Village - Chhotki Cherki, Tola-Tekari par Cherki, P.S.- Bodhgaya, District -Gaya ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 49636 of 2025 Arising Out of PS. Case No.-306 Year-2025 Thana- BODHGAYA District- Gaya ====================================================== Niranjan Manjhi @ Niranjn Manjhi S/o Suresh Manjhi R/o Village- Basadhi, P.S- Bodhgaya, District- Gaya ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 49402 of 2025) For the Petitioner/s : Mr. Durgesh Nandan, Advocate For the Opposite Party/s : Mr. Satya Nand Shukla, APP (In CRIMINAL MISCELLANEOUS No. 49636 of 2025) For the Petitioner/s : Mr. Durgesh Nandan, Advocate For the Opposite Party/s : Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 3 09-09-2025 Heard learned counsel for the petitioners and learned APP for the State. Patna High Court CR. MISC. No.49402 of 2025(3) dt.09-09-2025 2/3 2. The petitioners seek bail in connection with Bodhgaya P.S. Case No. 306 of 2025, instituted for the offences punishable under Sections 191(3), 190, 124(2), 115(2), 121(1), 132, 109, 352 of the Bharatiya Nyaya Sanhita, 2023 and Section 37 of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that the accusation against the accused persons including the petitioners are of assaulting the police personnel by deadly weapons due to which the police sustained head injuries. It is also alleged that the petitioner along with other co-accused persons also caused hindrance in discharge of official duty under drunken condition. 4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material have been recovered from the conscious possession of the petitioners. Learned counsel for the petitioners also submits that the allegation levelled against the petitioners are not specific rather the same is general and omnibus in nature. The petitioners were only the members of the Barat party. Learned counsel for the petitioners further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 04.08.2025 passed in Cr. Misc. No. 44500 of 2025. Patna High Court CR. MISC. No.49402 of 2025(3) dt.09-09-2025 3/3 5. Learned counsel for the petitioners submits that in Cr. Misc. No. 49402 of 2025, the petitioners are in custody since 05.05.2025 and have got no criminal antecedent. Whereas in Cr. Misc. No. 49636 of 2025, the petitioner is in custody since 04.06.2025 and has got no criminal antecedent. 6. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners. 7. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners. 8. Let the petitioners be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bodhgaya P.S. Case No. 306 of 2025. Rajorshi/- (Rudra Prakash Mishra, J) U T