Patna High CourtCR. MISC./4105/2016disposed

Botal Manjhi And ORS v. The State Of Bihar

2016-01-29Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4105 of 2016 Arising Out of PS.Case No. -36 Year- 2011 Thana -MARANCHI District- PATNA ======================================================

1. Botal Manjhi,

2. Naresh Ram alias Naresh Rai,

3. Vijay Mahto alias Vijay Rai,

4. Awadh Manjhi,

5. Shanker Manjhi,

6. Sanjay Mistri alias Sanjay Sharma,

7. Seekhar Manjhi,

8. Haro Rai,

9. Prem Singh alias Prem Kumar,

10. Mohan Mahto alias Mohan Manjhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Pandey For the Opposite Party/s : Mr. Awdhesh Kumar Singh (App) CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-01-2016 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under sections 147,148,149,323,341,308,353,337 and 120B of the Indian Penal Code and section 13 of The Unlawful Activities (Prevention) Act, 1967.

The prosecution case is that the mob blocked NH 30 when the police reached then the stones were pelted. Through video clipping 39 persons were identified and named in the FIR though the FIR is against one hundred unknown also.

Patna High Court Cr.Misc. No.4105 of 2016 (2) dt.29-01-2016 2/2 It is submitted by the learned counsel for the petitioners that only on suspicion the accusation has been levelled. The accusation is against the mob. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. Statement has also been made in paragraph 12 of the petition that there is no injury report on record which reads as follows:

"That on the record there is no injuries report." The aforesaid facts constitute ground for consideration of the prayer for regular bail of the petitioners by the learned court below in case the petitioners surrender within six weeks from today in connection with Maranchi P.S. Case No. 36 of 2011 pending in the court of learned JM Ist Class, Barh, Patna. This application is disposed of with the aforesaid observation/direction.

(Dinesh Kumar Singh, J) Anil/- U T