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Patna High CourtCR. MISC./8978/2019bail granted

Mano Manjhi And ORS v. The State Of Bihar

2019-02-18Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8978 of 2019 Arising Out of PS. Case No.-659 Year-2018 Thana- NAWADA District- Nawada ======================================================

1. Mano Manjhi, Son of Kapil Manjhi

2. Kundan Manjhi, son of Dukhi Manjhi

3. Dukhi Manjhi, son of Munsi Manjhi

4. Kuleshwar Manjhi, son of Munshi Manjhi

5. Dilip Manjhi, son of Kuleshwar Manjhi

6. Mukesh Manjhi, son of Vijay Manjhi All are Resident of Village - Anandpura, Mushahari Toli, P.S.- Nawada, District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Man Mohan Kumar For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 18-02-2019 Heard learned counsel for the petitioners and learned APP representing the State.

Petitioners are seeking anticipatory bail in connection with Nawada Town P.S. Case No. 659 of 2018 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 353, 337, 338, 307, 188, 384 and 425 of the Indian Penal Code and Sections 3⁄4 of the Prevention of Damage to Public Property Act, 1984.

Learned counsel for the petitioners submits that these petitioners were not arrested on the spot. The allegations against them are that they were also involved in pelting bricks and

Patna High Court Cr.Misc. No.8978 of 2019(2) dt.18-02-2019 2/3 stones in which the informant and panther constable have been injured. Learned counsel submits that in fact there is no injury on the record and the allegations are completely vague in nature. It is further submitted that in fact it is petitioner no.3 who had got injured by one person namely Harsh Kumar as he was dashed by motorcycle. It is further submitted that names of these petitioners have transpired in the confessional statement of the arrested accused, save and except that there is no material to connect these petitioners in the present case. Learned APP for the State is present and has opposed the prayer for anticipatory bail.

Considering the facts and circumstances of the case wherein it is the submission that the names of these petitioners have transpired in the confessional statement and that they have no criminal antecedent, in case of arrest or surrender of the petitioners within a period of four weeks from today, the abovenamed petitioners shall be enlarged on bail on furnishing bail bond of Rs.15,000/- (rupees fifteen thousand) each with two sureties of the like amount each to the satisfication of the learned C.J.M., Nawada in connection with Nawada Town P.S. Case No. 659 of 2018, subject to the condition that petitioners shall join the investigation by reporting to the Investigating

Patna High Court Cr.Misc. No.8978 of 2019(2) dt.18-02-2019 3/3 Officer within a period of two weeks from today and shall cooperate in course of investigation. This will be in addition to condition prescribed under Section 438(2) of the Cr.P.C. (Rajeev Ranjan Prasad, J) arvind/- U T