Dhiraj Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23123 of 2022 Arising Out of PS. Case No.-309 Year-2021 Thana- BASANTPUR District- Siwan ====================================================== Dhiraj Manjhi S/O Teras Manjhi Resident Of Village- Parauli, P.S.- Lakri Nabiganj O.P., District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Pandey For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 307/34 of the Indian Penal Code and Sections 25(1-b)a, 26, 35,27 of Arms Act.

The prosecution case as per F.I.R is that three persons stopped the vehicle of the informant and started abusing. When the informant came out then one of the accused tried to fire upon him but it did not hit. One person was apprehended from the spot who disclosed his name as Chhotu Pandey. He disclosed the name of the petitioner as one of his associate. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and he has falsely been

Patna High Court CR. MISC. No.23123 of 2022(3) dt.01-11-2022 2/2 implicated in the present case due to confessional statement with the co-accused person, with whom he has inimical relation. It is further submitted that the petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner and there is no specific overt act is leveled against the petitioner. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Siwan in connection with Basantpur P.S. Case No. 309 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) nirajkrs/- U T