Balister Manjhi @ Barister Manjhi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7919 of 2016 Arising Out of PS.Case No. -180 Year- 2015 Thana -GORIAKOTHI District- SIWAN ======================================================

1. Balister Manjhi @ Barister Manjhi son of Late Dharamnath Manjhi

2. Udya Kumar @ Uday Kumar Manjhi

3. Karan @ Budhai Manjhi @ Karan Manjhi 2 & 3 sons of Sri Balister Manjhi All R/o Village- Agaya (Tola Godaw), P.S.- Goreakothi, District- Siwan .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Krishna Kant Singh For the Opposite Party/s : Mr. Nirmala Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-04-2016 Heard learned counsel, appearing on behalf of the petitioners, and the learned Addl. Public Prosecutor, appearing on behalf of the State.

This application for grant of anticipatory bail arises out of Goreakothi P.S.Case No. 180/2015, disclosing offences under sections 341, 323, 324, 307, 379, 504/34 of the Indian Penal Code. The allegation is that the First Information Report named accused persons including the present petitioners were using abusive language against the family of the informant. From the First Information Report, it transpires that there is admitted land dispute between the informant's family and the family of the present petitioners.

Patna High Court Cr.Misc. No.7919 of 2016 (2) dt.06-04-2016 Learned counsel for the petitioners has submitted that so far these petitioners are concerned, the allegation is general and omnibus, though there is specific allegation of assault by coaccused Ajay Manjhi with Farsa. He submits that the injury report belies the allegations made in the F.I.R.

Considering the above, this application is allowed. Let the petitioners, abovenamed, in the event of their arrest/ surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Siwan in Goreakothi P.S.Case No. 180/2015, subject to the conditions as laid down under section 438(2) of the Cr.P.C. This is subject to the condition that the petitioners shall present themselves before the police/ court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Surendra/- U