Manoj Kumar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32353 of 2020 Arising Out of PS. Case No.-100 Year-2019 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== MANOJ KUMAR MANJHI, Son of Shivam Sardar Manjhi Resident of Village - Basantpur @ Bataspur, P.S. - Kusheshwar Sthan, District - Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nagendra Kumar Singh For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-02-2021 Heard Mr. Nagendra Kumar Singh, learned counsel for the petitioner and Mr. Ram Naresh Ray, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Kusheshwar Sthan P. S. Case No. 100 of 2019 dated 26.04.2019, instituted for the offences under Sections 341, 323, 307, 354, 504, 506 and 34 of the Indian Penal Code.

It has been alleged in the F.I.R. that one Baleshwar Manjhi along with his associates was always looking for an opportunity to grab the land of the

Patna High Court CR. MISC. No.32353 of 2020(2) dt.08-02-2021 2/3 informant. On one occasion, an attempt was made by the accused persons to put up a fence on the land. On protest, the informant and his family members were assaulted. The informant is stated to have been assaulted by Shivam Manjhi on his head. So far as the petitioner is concerned, he is said to have assaulted the wife of the informant, who has not received any injury. The assault perpetrated on informant and his brother have resulted in injuries on their person.

The learned counsel for the petitioner has submitted that because of the land dispute, the petitioner has been made accused in this case. Though there is specific allegation against the petitioner of assaulting the wife of the informant but regard being had to the fact that she has not received any injury, the petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this

Patna High Court CR. MISC. No.32353 of 2020(2) dt.08-02-2021 3/3 order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Shri Kumar Sudhanshu Jha, learned Judicial Magistrate 1st Class, Biraul, Darbhanga, in connection with Kusheshwar Sthan P. S. Case No. 100 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U T