Mohan Manjhi @ Mohar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30530 of 2021 Arising Out of PS. Case No.-109 Year-2020 Thana- GHOSI District- Jehanabad ====================================================== 1.

MOHAN MANJHI @ MOHAR MANJHI SON OF SAMO MANJHI R/O VILLAGE- LODIPUR, P.S.- HULASGANJ, DISTRICT- JEHANABAD. 2.

KISHORI RAM SON OF VILAS RAM R/O VILLAGE- LODIPUR, P.S.- HULASGANJ, DISTRICT- JEHANABAD.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Haridayal Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 02-02-2022 Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioners as well as learned APP for the State through video conferencing. The petitioners apprehend their arrest in connection with Ghosi P.S. Case No. 109 of 2020, registered for the offences punishable under Sections 341, 435, 427, 307, 379 read with Section 34 of the Indian Penal Code and 27 of the Arms Act.

As per FIR, when the informant was coming with engine set loaded on the tractor to his house, all the 14 FIR

Patna High Court CR. MISC. No.30530 of 2021(3) dt.02-02-2022 2/3 named accused persons and 10-15 unknown persons opened indiscriminate firing on the informant. The informant fled away after leaving his tractor which was set on fire by the accused persons.

Learned counsel for the petitioners has submitted that prior to this occurrence petitioner No. 1 Mohar Manjhi, lodged a case i.e. Hulasganj P.S. Case No. 51 of 2020, in which the present informant along with other co-accused persons have been named in the FIR and there is allegation in the FIR that the accused persons of that case were excavating sand illegally in the field of the informant, Mohar Manjhi (petitioner No. 1). On protest of Mohar Manjhi the police came and recovered tractor and trolley which was damaged by the villagers. The police also recovered some blank cartridges from the place of occurrence. Learned counsel for the petitioners has further submitted that considering the above-mentioned facts and circumstances this Court has granted anticipatory bail to five coaccused persons in Cr. Misc No. 49 of 2021. Considering the above-mentioned facts and circumstances, let the petitioners be released on anticipatory bail in the event of their arrest or surrender within four weeks before the learned court below on furnishing bail bond of Rs. 10,000/-

Patna High Court CR. MISC. No.30530 of 2021(3) dt.02-02-2022 3/3 (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M, Ghosi in connection with Ghosi P.S. Case No. 109 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey , J) SONALI/- U T