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Patna High CourtCR. MISC./37815/2024bail granted

Lalbabu Manjhi v. The State Of Bihar

2024-05-17Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37815 of 2024 Arising Out of PS. Case No.-12 Year-2024 Thana- MOHAMMADPUR District- Gopalganj ====================================================== 1.

Lalbabu Manjhi S/o Late Ram Nath Manjhi R/o vill - Hakam, P.s. - Mohammadpur, Distt. - Gopalganj 2.

Ganesh Kumar Manjhi @ Ganesh Kumar S/o Vijay Shankar Manjhi @ Bhola Manjhi R/o vill - Hakam, P.s. - Mohammadpur, Distt. - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Ms.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-05-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending their arrest in connection with Mohammadpur P.S. Case No. 12 of 2024 instituted for the offences under Sections 341, 323, 324, 307, 327, 354B, 384, 504 and 506/34 of the Indian Penal Code.

3. As per prosecution case, on 16.01.2024 when the informant was going to his farm he saw that accused persons including the petitioners were constructing one hut in his farm. When he asked them as to why there were doing so, they demanded Rs. 5,00,000/- as ransom or either pay the same by executing sale deed of 1 katha and 15 dhur of land from the said

Patna High Court CR. MISC. No.37815 of 2024(2) dt.17-05-2024 2/3 farm.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. From perusal of the FIR, it is evident that due to land dispute, an altercation has taken place in between the parties and in the said altercation as alleged petitioner no. 1 and another have torn cloth of the wife of the informant and petitioner no. 2 has assaulted his brother with stick. There is general and omnibus allegation against the petitioners. No incriminating article has been recovered from the conscious possession of the petitioners and no injury report is available on record. It is next submitted that the petitioner no. 2 has no criminal antecedent and petitioner no. 1 has one criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Court

Patna High Court CR. MISC. No.37815 of 2024(2) dt.17-05-2024 3/3 below/concerned Court in connection with Mohammadpur P.S. Case No. 12 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Arish/- U T