Sanoj Kumar Manjhi @ Sanoj Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26601 of 2020 Arising Out of PS. Case No.-416 Year-2019 Thana- GARKHA District- Saran ====================================================== 1.
SANOJ KUMAR MANJHI @ SANOJ MANJHI Son of Rishi Manjhi Resident of Village- Bagahi, P.S.- Garkha, District- Saran. 2.
Rishi Manjhi Son of Prabhu Manjhi Resident of Village- Bagahi, P.S.- Garkha, District- Saran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dr. Rajesh Kumar Singh For the Opposite Party/s :
Smt. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-11-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.
The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioners is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 324, 307, 379, 504/34 of the Indian Penal Code.
Patna High Court CR. MISC. No.26601 of 2020(2) dt.05-11-2020 2/3 Prosecution case, in short, is that on the order of petitioner No.2, co-accused Deepak Manjhi and Satish Manjhi nabbed the informant and other accused persons assaulted the informant with rod and danda and petitioner No.1 assaulted the informant by means of knife, due to which the informant sustained injuries.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The petitioner No.2 is the order giver and petitioner No.1 is said to have given knife blow to the informant. The nature of injury is said to be simple. Hence no offence under Section 307 of I.P.C. is made out. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial
Patna High Court CR. MISC. No.26601 of 2020(2) dt.05-11-2020 3/3 Magistrate XIV, Saran at Chapra in connection with Garkha P.S. case No.416 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T