Bhushan Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30100 of 2025 Arising Out of PS. Case No.-145 Year-2023 Thana- CHAKAND District- Gaya ====================================================== Bhushan Manjhi S/o Late Horil Manjhi R/o Village- Deshin Bigha, P.S.- Chakand, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-05-2025 1.

Heard learned Counsel for the petitioner and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Chakand PS case no. 145 of 2023 dated 30.04.2023, disclosing offences punishable under Sections 307 and other allied sections of the Indian Penal Code. 3.

The prosecution story, as per the First Information Report, is that on 30.04.2023 at about 9 am, a dispute arose regarding the passage, upon which, petitioner along with other accused persons named in the F.I.R. abused and assaulted the informant's husband with stone, bricks, iron rod etc. on his head.

4.

Learned Counsel for the petitioner submits that the occurrence has taken place due to dispute regarding passage. Learned counsel further submits that no serious injury has been caused to the victim. He next submits that women folk named in

Patna High Court CR. MISC. No.30100 of 2025(2) dt.16-05-2025 2/2 the F.I.R. have been granted bail by the concerned trial court itself. He also submits that the learned Sessions Judge, Gaya called for the case diary but despite several orders, case diary was not produced by the Investigating Officer. 5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that occurrence has taken place due to dispute regarding passage and the prosecution has failed to bring on record the injury caused to the victim, I am inclined to grant the privilege of anticipatory bail to the petitioner.

6.

This application is, accordingly, allowed.

7.

Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-X, Gaya in connection with Chakand PS case no. 145 of 2023, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) rinkee/- U T