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Patna High CourtCR. MISC./40642/2024allowed

Raghubir Manjhi v. The State Of Bihar

2024-09-18Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40642 of 2024 Arising Out of PS. Case No.-1047 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

Raghubir Manjhi Son of Guljar Manjhi R/O Vill.- Mathwa, Ward no.- 2, P.S.- Turkauliya, Dist.- East Champaran 2.

Ramesh Manjhi Son of Raghubir Manjhi R/O Vill.- Mathwa, Ward no.- 2, P.S.- Turkauliya, Dist.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-09-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Turkauliya P.S. Case No. 1047 of 2023 instituted under Sections 447, 341, 323, 308, 327, 379, 504 & 506 of the Indian Penal Code.

3. As per the prosecution case, the allegation against the petitioner no. 1 is that he assaulted with iron rod upon the

Patna High Court CR. MISC. No.40642 of 2024(3) dt.18-09-2024 2/3 head of the brother of the informant, namely, Anish Singh and Sanjay Singh causing head injury upon them and the allegation against the petitioner no. 2 is that he took out the gold chain from the neck of Sanjay Singh.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. He further submits that the present case is cross case of Turkauliya P.S. Case No. 165 of 2024 and the present case has been lodged by the informant to harass the petitioners. Learned counsel also submits that the injuries on the injured are simple in nature. The petitioners have no criminal antecedent and they undertake to co-operate in the investigation and the trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount to each to the satisfaction of the learned C.J.M., East Champaran, Motihari / Concerned Trial Court in connection with Turkauliya P.S. Case No. 1047 of 2023, subject

Patna High Court CR. MISC. No.40642 of 2024(3) dt.18-09-2024 3/3 to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) ashishkr/- U T