Ram Pravesh Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73532 of 2018 Arising Out of PS. Case No.-232 Year-2018 Thana- FATEHPUR District- Gaya ====================================================== Ram Pravesh Manjhi, Son of Raghuni Manjhi, Resident of Village- Dariaura, Tola- Ghujji, P.S.- Fatehpur, District- Gaya (Bihar). ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Sri Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-12-2018 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147, 149, 323, 308, 504 and 379 of the IPC.

The prosecution case as per the written report of Santosh Manjhi, dated 07.08.2018, submitted to the Station House Officer, Fatehpur Police Station is to the effect that on 07.08.2018, the informant was repairing the roof of his house, when all the accused persons including the petitioner assaulted him. It is specifically alleged that the petitioner assaulted the informant with a kind of spade, causing cut injury on his

Patna High Court Cr.Misc. No.73532 of 2018(2) dt.20-12-2018 2/3 forehead.

It is submitted by learned counsel for the petitioner that the accusation has been levelled in the background of land dispute. There is counter version of the occurrence also, being Fatehpur P.S. Case No. 233 of 2018, registered under Sections 147, 149, 341, 323, 308, 504 and 379 of the IPC. Moreover, there is no accusation of repeating the blow, which reflects that the petitioner was not having the intention to kill the informant. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Learned APP submits that the petitioner is alleged to have caused injury on the forehead of the informant Considering the fact that the accusation has been levelled in the background of land dispute, coupled with the statement made in paragraph no.

3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned CJM-X, Gaya in connection with Fatehpur P.S. Case No.

Patna High Court Cr.Misc. No.73532 of 2018(2) dt.20-12-2018 3/3 laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T