Upendra Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9552 of 2024 Arising Out of PS. Case No.-39 Year-2020 Thana- TANKUPPA District- Gaya ====================================================== 1.

Upendra Manjhi son of Chhotu Manjhi @ Chhotelal Manjhi VillageRamanpur Ps- Tankuppa Dist- Gaya 2.

Jitendra Manjhi @ Jitendra Kumar son of Chhotu Manjhi @ Chhotelal Manjhi Village- Ramanpur Ps- Tankuppa Dist- Gaya 3.

Gora Manjhi @ Suraj Kumar son of Chhotu Manjhi @ Chhotelal Manjhi Village- Ramanpur Ps- Tankuppa Dist- Gaya 4.

Butta Manjhi @ Roshan Kumar son of Chhotu Manjhi @ Chhotelal Manjhi Village- Ramanpur Ps- Tankuppa Dist- Gaya 5.

Rambriksh Manjhi son of Late Jhandu Manjhi Village- Ramanpur PsTankuppa Dist- Gaya 6.

Mukesh Manjhi @ Mukesh Kumar son of Rambriksh Manjhi VillageRamanpur Ps- Tankuppa Dist- Gaya 7.

Sulendra Manjhi @ Surendra Manjhi @ Surendra Kumar son of Rambriksh Manjhi Village- Ramanpur Ps- Tankuppa Dist- Gaya 8.

Sunil Manjhi @ Sunil Kumar son of Late Nande Manjhi @ Nandlal Manjhi Village- Ramanpur Ps- Tankuppa Dist- Gaya 9.

Ankit Manjhi @ Ankit Kumar son of Nande Manjhi @ Nandlal Manjhi Village- Ramanpur Ps- Tankuppa Dist- Gaya 10.

Chandradeep Manjhi son of Jagrup Manjhi Village- Ramanpur Ps- Tankuppa Dist- Gaya 11.

Mantesh Manjhi @ Mantesh Kumar son of Chandradeep Manjhi VillageRamanpur Ps- Tankuppa Dist- Gaya 12.

Amit Manjhi @ Amit Kumar son of Mandal Manjhi @ Shyamlal Manjhi Village- Ramanpur Ps- Tankuppa Dist- Gaya 13.

Indal Manjhi @ Arun Manjhi @ Ajit Manjhi @ Ajit Kumar son of Mandal Manjhi @ Shyamlal Manjhi Village- Ramanpur Ps- Tankuppa Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandrashekhar Kumar, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-03-2024 Heard learned counsel for the petitioners and learned

Patna High Court CR. MISC. No.9552 of 2024(2) dt.07-03-2024 2/3 Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case in connection with Tankuppa P.S. Case No. 39 of 2020 dated 24.05.2020 registered for the offences punishable u/ss 147, 148, 149, 341, 323, 324, 308, 447, 379, 504, 506 of the Indian Penal Code.

3. As per the prosecution case, during the distribution of prasad in temple, a dispute arose between the parties that who would take the prasad first and for this, the petitioners and the co-accused persons are alleged to have assaulted the informant and his family members with lathi, danda due to which, the informant's father sustained fracture in his hand and the informant including 5 persons also sustained injuries.

4. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. There is general and omnibus allegation against the petitioners. It is further submitted that the petitioners have no concern with the alleged offence. There is a case and counter case between the parties. There is amicable compromise between the informant and all the accused persons as a result, the compromise petition has been filed in connection with Tankuppa P.S. Case No. 39/2020 on 12.06.2023 before the Court of JMFC, Gaya. The petitioners have no criminal

Patna High Court CR. MISC. No.9552 of 2024(2) dt.07-03-2024 3/3 antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioners, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Gaya in connection with Tankuppa P.S. Case No. 39 of 2020, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

7. This application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T