Mukhti Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27364 of 2019 Arising Out of PS. Case No.-68 Year-2019 Thana- TARAIYA District- Saran ====================================================== 1.

Mukhti Manjhi Son of Dahari Manjhi Resident of Village - Panchraur, P.S.- Taraiya, District - Saran at Chapra.

2.

Ramesh Manjhi Son of Late Gajadhar Manjhi Resident of Village - Panchraur, P.S.- Taraiya, District - Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yugal Kishore, Advocate For the Opposite Party/s :

Mr.Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-07-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have filed the instant application for anticipatory bail apprehending their arrest in connection with Taraiya P.S. Case No. 68 of 2019 registered for the offence punishable under sections 341,323,307,504 and 34 of the Indian Penal Code.

The allegation as per the FIR is that both the petitioners came to the shop of the informant, started to abuse him and asked for money. It is further alleged that both of them assaulted the informant with a rod and "Daab" on the informant's head as a result of which he sustained injuries. He was treated at the government hospital in Taraiya and thereafter referred to the Sadar Hospital at Saran. It is further stated that

Patna High Court CR. MISC. No.27364 of 2019(3) dt.17-07-2019 2/2 after being discharged from the hospital that he lodged the FIR. It is submitted by learned counsel for the petitioners that the petitioners have been falsely implicated due to village politics. The FIR has been registered six days after the alleged occurrence without any justifiable reasons. If in fact the informant had been treated in government hospital, the hospital authority would definitely have informed the police. It is submitted that even the injury found on the informant are simple in nature.

Having heard learned counsel for the parties and taking into consideration the direct allegation against the petitioners as narrated in the FIR, the court is not inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of six weeks and pray for bail which shall be considered and disposed of without being prejudiced by this order of rejection.

(Partha Sarthy, J) Prakash/- U