Ajay Manjhi @ Jhingi Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26310 of 2023 Arising Out of PS. Case No.-103 Year-2022 Thana- MAHKAR District- Gaya ====================================================== 1.

RAJESH MANJHI S/o- RAM BINOD MANJHI Village- Ramrati Nagar PsMahkar Dist- Gaya 2.

Tinku Manjhi @ Pinku Manjhi son of Sukho Manjhi Village- Ramrati Nagar Ps- Mahkar Dist- Gaya 3.

Pintu Manjhi son of Mahendra Manjhi Village- Ramrati Nagar Ps- Mahkar Dist- Gaya 4.

Sanjay Manjhi Son of Late Gahan Manjhi Village- Ramrati Nagar PsMahkar Dist- Gaya 5.

Kabindra Manjhi son of Late Gahan Manjhi Village- Ramrati Nagar PsMahkar Dist- Gaya 6.

Guddu Manjhi son of Bilash Manjhi Village- Ramrati Nagar Ps- Mahkar Dist- Gaya 7.

Chhote Manjhi @ Endrajit Manjhi son of Garay Manjhi @ Ramkival singh Village- Ramrati Nagar Ps- Mahkar Dist- Gaya ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 35836 of 2023 Arising Out of PS. Case No.-103 Year-2022 Thana- MAHKAR District- Gaya ====================================================== 1.

AJAY MANJHI @ JHINGI MANJHI Son of Chandeshwar Manjhi @ Chandradeo Manjhi Resident of Village - Parwati Nagar, Police Station - Mahkar in the district of Gaya.

2.

Ranjay @ Jhabbu Manjhi @ Ranjay Manjhi @ Chhabu Manjhi Son of Chandeshwar Manjhi @ Chandradeo Manjhi Resident of Village - Parwati Nagar, Police Station - Mahkar in the district of Gaya. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 26310 of 2023) For the Petitioner/s :

Mr.Vinod Kumar, Adv.

For the Opposite Party/s :

Mr.Binod Kumar, APP (In CRIMINAL MISCELLANEOUS No. 35836 of 2023) For the Petitioner/s :

Mr.Sunil Kumar, Adv.

Patna High Court CR. MISC. No.26310 of 2023(2) dt.13-07-2023 2/3 For the Opposite Party/s :

Mr.Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-07-2023 Heard the parties.

Petitioners apprehend their arrest in a case registered for the offence punishable u/s 341, 342, 323, 325, 307, 379, 34 IPC. As per the prosecution case, the informant's tractor was dashed with a tempo, due to which, the tempo driver falsely alleged that the informant has dashed his daughter. Thereafter, the tempo driver along with villagers assaulted the informant and his son by means of iron rod. When police party arrived, the accused persons including the petitioners assaulted them also. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. Petitioners have one criminal antecedent and a similarly situated co-accused has been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 24.04.2023 passed in Cr. Misc. No.8394 of 2023.

Learned APP for the State opposed the prayer for bail.

Patna High Court CR. MISC. No.26310 of 2023(2) dt.13-07-2023 3/3 Having regard to the facts and circumstances of the case, since similarly situated co-accused have been granted bail, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Mahkar P.S. Case No.103 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T