Sandeep Kumar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27625 of 2022 Arising Out of PS. Case No.-425 Year-2021 Thana- SUGAULI District- East Champaran ====================================================== 1.

Sandeep Kumar Manjhi Son Of Jailal Manjhi R/O Village- Parshurampur Ward No.-1, P.S.- Sugauli, District- East Champaran 2.

Usha Kumari Wife Of Dashrat Manjhi R/O Village- Rampur, P.S.- Sugauli, District- East Champaran ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Prateek Tandon, Advocate For the Opposite Party :

Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-11-2022 Heard learned counsel for the petitioners and learned counsel for the State.

Learned counsel for the petitioners is directed to remove the defect(s) as pointed out by the office within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections-143, 341, 323, 353, 324, 307, 379, 427, 504, 506 of the Indian Penal Code.

Prosecution case in short is that while the informant was discharging his duty in the office of BDO, all the named along with 25-30 unknown persons having armed with deadly weapons, came in the office and with common intention, obstructed him in discharging the official duty and in consequence thereof, the accused persons

Patna High Court CR. MISC. No.27625 of 2022(2) dt.14-11-2022 2/2 assaulted the informant as a result of which, he sustained injury. It is submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. No allegation of tampering of witnesses is alleged against the petitioners. General and omnibus allegation has been made against the petitioners. There is no specific allegation against the petitioner. The petitioner No. 2 is a lady. 27 named and 25-30 unknown persons have been made accused in the present case. Except for offence under Section-307 of the Indian Penal Code, rest of the offences are triable by Magistrate. Learned counsel for the State submits that the petitioners are named in the FIR.

Considering the aforesaid facts and circumstances, let the petitioners named above, 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) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Sugauli P.S. Case No. 425 of 2021 subject to the conditions as laid down under Section-438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T