Daulat Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12720 of 2021 Arising Out of PS. Case No.-509 Year-2020 Thana- MASHRAK District- Saran ====================================================== DAULAT MANJHI S/o Late Yadav Lal Manjhi R/o village- Padmoul, P.S.- Mashrakh, District- Saran ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Harish Kumar, Advocate For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in Mashrakh P.S. Case No.509 of 2020, registered for the offences punishable under Sections 341, 302, 504, 506 and 34 of the Indian Penal Code.

Allegation against the petitioner is that he along with his wife assaulted the brother of the informant brutally due to which the brother of the informant died.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. It is submitted that the brother of the informant sustained head injury in an accident and taking undue advantage of the situation, present case was lodged against the petitioner. The petitioner

Patna High Court CR. MISC. No.12720 of 2021(2) dt.03-12-2021 2/2 has got no criminal antecedent as stated in para 3 of the bail petition. It is further submitted that the occurrence took place on 29.08.2020 and the FIR was lodged on 19.09.2020. There is no explanation of delay in lodging the FIR.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioner and submitted that the petitioner and his wife brutally assaulted the brother of the informant. From perusal of the order impugned, it appears that the witnesses have supported the prosecution case. Having considered the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

However, the petitioner is directed to surrender before the learned court below within a period of four weeks from today and the learned court below shall consider prayer for regular bail of the petitioner preferably on the same day without being prejudiced from the order of this Court. (Anjani Kumar Sharan, J.) Sanjay/- U T