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Patna High CourtCR. MISC./5158/2019bail granted

Sanjay Manjhi @ Sanjay Kumar Manjhi v. The State Of Bihar

2019-01-30Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5158 of 2019 Arising Out of PS. Case No.-271 Year-2018 Thana- BASANTPUR District-Siwan ====================================================== SANJAY MANJHI @ SANJAY KUMAR MANJHI, aged about 19 years, Male, son of Late Nagendra Manjhi resident of village-Bhopatpur,P.SBasantpur, Distt.-Siwan. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-01-2019 Heard both sides.

The petitioner apprehends his arrest in Basantpur P.S. Case No.271 of 2018 registered under Sections 307, 379 and other Sections of the Indian Penal Code.

The informant alleged that on 10.08.2018, the petitioner along with other accused persons came to his house and began to abuse. When the informant protested some of the accused persons forcibly entered into the house of the informant and petitioner is alleged to have assaulted the informant with tangi on his head. It is further alleged that accused persons assaulted the family members of the informant and took away different articles.

The learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.5158 of 2019(2) dt.30-01-2019 2/2 nobody is injured in the assault. From perusal of injury report of Raj Kumar Prasad, the informant, it would appear that doctor examined the injured on 09.08.2018 whereas the informant alleged that the occurrence took place on 10.08.2018. The doctor found one lacerated wound on forehead which is superficial and simple in nature. Other accused persons have already been granted anticipatory bail.

Considering the facts that there appears that there is some dispute between two sides and for that, the petitioner is alleged to have assaulted the informant but the injury found on the informant is simple and superficial in nature, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan in connection with Basantpur P.S. Case No.271 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Saurabh/- U T