Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13684 of 2020 Arising Out of PS. Case No.-314 Year-2019 Thana- HARNAUT District- Nalanda ====================================================== 1.

MANOJ KUMAR Son of Bihari Yadav Resident of Barah, P.S.-Kalyanbigha (Harnaut), District-Nalanda.

2.

Santosh Yadav @ Santosh Kumar Son of Bihari Yadav Resident of Barah, P.S.-Kalyanbigha (Harnaut), District-Nalanda. 3.

Shanti Devi Wife of Bihari Yadav Resident of Barah, P.S.-Kalyanbigha (Harnaut), District-Nalanda.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-08-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 325, 307, 379, 354, 504, 506/34 of the Indian Penal Code.

Allegation is that the accused persons assaulted the informant's mother and accused Santosh Kumar assaulted the

Patna High Court CR. MISC. No.13684 of 2020(3) dt.27-08-2020 2/3 father of the informant on his head and petitioner Manoj Kumar snatched golden chain worth Rs.56,000/-.

It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the petitioners. The petitioner has falsely been implicated in the present case. The injury report does not disclose whether the injury is simple or grievous. Both the parties are agnates. Due to land dispute the alleged occurrence had taken place. On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R. Considering the aforesaid facts and circumstances of the case and also the lockdown, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of eight weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of Chief Judicial Magistrate, Nalanda (Bihar Sharif) in connection with Harnaut (Kalyan Bigha) P.S. case No.314 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners will furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven

Patna High Court CR. MISC. No.13684 of 2020(3) dt.27-08-2020 3/3 weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T