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Patna High CourtCR. MISC./8880/2020bail granted

Dinesh Manjhi v. The State Of Bihar

2020-06-25Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8880 of 2020 Arising Out of PS. Case No.-195 Year-2019 Thana- FATEHPUR District- Gaya ====================================================== 1.

DINESH MANJHI Son of Deonath Manjhi Resident of Village - Dundu, P.S.- Gurpa (O.P.), District- Gaya 2.

Sarswati Devi @ Sarstiya Devi Wife of Dinesh Manjhi Resident of Village - Dundu, P.S.- Gurpa (O.P.), District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Veer For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-06-2020 The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of COVID-19 Pandemic. Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Fatehpur (Gurpa O.P.) PS case no. 195 of 2019 registered for the offences punishable under Sections 341, 323, 324, 504/34 of Indian Penal Code.

The allegation is regarding the informant having gone to one Raju Manjhi (Mechanic) for the purposes of getting his motorcycle repaired, where the petitioners herein started

Patna High Court CR. MISC. No.8880 of 2020(3) dt.25-06-2020 2/3 abusing the informant and on protest, the petitioners are alleged to have inflicted knife blow on the informant. The learned counsel for the petitioners has submitted that the petitioners are innocent, have been falsely implicated in the present case and are having clean antecedent. It is further submitted that the injury report of the informant would show that the injury is stated to have been inflicted by hard and blunt substance and moreover, the same does not seem to be serious in nature.

The learned APP for the State has vehemently opposed the prayer for bail.

I have heard the learned counsel for the parties and perused the materials available in the case diary, from which it appears that the injury sustained by the informant is stated to have been inflicted by hard and blunt substance. Thus, it is clear that no injury is stated to have been inflicted by knife on the person of the informant and moreover, the petitioners are having a clean antecedent.

Having regard to the facts and circumstances of the case, I deem it fit and appropriate to admit the petitioners to the privilege of anticipatory bail. Accordingly, the abovenamed petitioners, in the event of their arrest or surrender before the

Patna High Court CR. MISC. No.8880 of 2020(3) dt.25-06-2020 3/3 court below within a period of six weeks from the date of receipt/ production of a copy of this order, are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-X, Gaya in connection with Fatehpur (Gurpa O.P.) PS case no. 195 of 2019 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) rinkee/- U T