Dipu Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9842 of 2023 Arising Out of PS. Case No.-176 Year-2021 Thana- CHAKAND District- Gaya ====================================================== 1.

DIPU MANJHI SON OF VINOD MANJHI @ BAUDHU MANJHI R/O VILLAGE- CHAMANDIH, P.S.- CHAKAND, DISTRICT- GAYA 2.

PRAMOD MANJHI SON OF LATE GANESH MANJHI R/O VILLAGECHAMANDIH, P.S.- CHAKAND, DISTRICT- GAYA 3.

CHHOTU KUMAR @ BAUDHA MANJHI SON OF LATE GANESH MANJHI R/O VILLAGE- CHAMANDIH, P.S.- CHAKAND, DISTRICTGAYA 4.

RAJESH KUMAR SON OF BUGAL MANJHI R/O VILLAGECHAMANDIH, P.S.- CHAKAND, DISTRICT- GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Singh For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-04-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 341, 323, 379, 354, 504, 506, 34 of the IPC and 37(2) of the Bihar Prohibition and Excise Amendment Act, 2018.

As per the prosecution case, the F.I.R. named accused persons (one in intoxicated condition) including the petitioners assaulted the informant by means of lathi, danda and fists and slaps. They also misbehaved with his family, took away gold locket and silver bracelet and snatched Rs.1,50,000/-.

Patna High Court CR. MISC. No.9842 of 2023(2) dt.20-04-2023 2/2 It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. No person was allegedly injured in the present occurrence. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since nobody sustained any injury, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Chakand P.S. Case No.176 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T