Santu Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13393 of 2024 Arising Out of PS. Case No.-651 Year-2023 Thana- HILSA District- Nalanda ====================================================== 1.

Santu Manjhi Son of Saryug Manjhi Resident of village - Shahpur, P.S.- Hilsa, District - Nalanda.

2.

Badhan Manjhi Son of Saryug Manjhi Resident of village - Shahpur, P.S.- Hilsa, District - Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-03-2024

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 447, 451, 326, 307, 34 of the Indian Penal Code & Section 27 of the Arms Act.

3. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and have been falsely implicated in the instant case being relative of Nepali Manjhi. It is further submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that allegation of firing is against Nepali Manjhi causing injury to

Patna High Court CR. MISC. No.13393 of 2024(2) dt.19-03-2024 2/3 the informant. It is next submitted that the informant has instituted the instant F.I.R, who was injured and has specifically named Nepali Manjhi of firing causing injury and as far as these petitioners are concerned, they are alleged to have been seen by the wife of the informant fleeing from the place of occurrence. It is further submitted that the petitioners will not abscond rather co-operate in the investigation to prove their innocence.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

5. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned trial court where the case is pending/successor court in connection with Hilsa P.S. Case No.651/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

6. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned trial court bringing to his notice that the petitioners

Patna High Court CR. MISC. No.13393 of 2024(2) dt.19-03-2024 3/3 despite giving assurance to this court are not co-operating in the investigation in that event the learned trial court shall be at liberty to cancel the bail bonds of the petitioners after recording the reason and to take all coercive steps to ensure that petitioners are behind bar.

(Satyavrat Verma, J) amit/- U T