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Patna High CourtCR. MISC./30406/2019allowed

Jitu Manjhi v. The State Of Bihar

2019-07-24Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30406 of 2019 Arising Out of PS. Case No.-3 Year-2018 Thana- KHAIRA District- Jamui ====================================================== 1.

Jitu Manjhi, aged about 26 years (Male) 2.

Chhote Manjhi, aged about 22 years (Male) 3.

Mithun Manjhi, aged about 28 years (Male) All Sons of Munna Manjhi 4.

Deepak Manjhi @ Depak Manjhi, aged about 22 years (Male) 5.

Mantu Manjhi, aged about 20 years, (Male) Both Sons of Balram Manjhi 6.

Munna Manjhi, aged about 50 years (Male), Son of Late Lalchand Manjhi, All Residents of Village- Kahardih, P.S.- Khaira, District- Jamui. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Bharat Lal, Adv.

For the Opposite Party/s :

Mr.Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-07-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 342, 307, 302, 323, 337, 338 and 506 of the Indian Penal Code. Submission is that the petitioners are named in the FIR. According to the FIR the accused persons having armed with lathi, danda, and stone brutally assaulted the father of informant, he received serious injury. The father of informant was brought to hospital for his treatment, where his father was referred to Patna and on way to Patna, his father died.

Learned counsel for the petitioners submit that there is no

Patna High Court CR. MISC. No.30406 of 2019(3) dt.24-07-2019 2/2 specific allegation against the petitioners. The petitioners have no criminal antecedent. The petitioners are quite innocent and have not committed any offence. They have been falsely implicated in this case at the instance of village politics and allegation as alleged against them are totally false and concocted. The three co-accused persons have been granted anticipatory bail by Hon'ble Coordinate Bench of this Court vide Cr. Misc. No. 74155 of 2018 dated 21.12.2018.

Let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jamui in connection with Khaira P.S. Case No. 03 of 2018, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Anjani Kumar Sharan, J) amitkumar/- U T