Chhote Lal Manjhi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16304 of 2016 Arising Out of PS.Case No. -76 Year- 2015 Thana -SIRDALA District- NAWADA ======================================================

1. Chhote Lal Manjhi, S/O Rupa Manjhi,

2. Ashok Manjhi, S/O Jageshwar Manjhi,

3. Munni Manjhi @ Munni Lal Manjhi, S/O Late Rupan Manjhi,

4. Naresh Manjhi, S/O Bineshar Manjhi

5. Santosh Manjhi @ Santoshi Manjhi, S/O Sudheshwar Manjhi,

6. Ramsahay Manjhi, S/O Late Rupan Manjhi,

7. Krishna Manjhi, S/O Late Rupan Manjhi,

8. Rupa Manjhi, S/O Ram Tahal Manjhi,

9. Nandelal Manjhi, S/O Jageshwar Manjhi All are residents of Village - Pawai, P.S.- Meskaur, District- Nawada. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Indradeo Prasad, Advocate.

For the Opposite Party : Mr. Sanjay Kr. Tiwary No.1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-05-2016 Heard both sides.

The petitioners apprehend their arrest in Sirdala (Meskaur) P.S. Case No. 76 of 2015, registered for the offences punishable under Sections 147, 149, 341, 323, 447, 504, 325, 307 and 379 of the Indian Penal Code.

The informant named fourteen persons including the petitioners and made omnibus and general allegation of assault and snatching of the gold chain.

It has been submitted that there is no specific allegation of assault against the petitioners. The informant got two injuries and both are simple in nature. Similarly Bipin Kumar got two

Patna High Court Cr.Misc. No.16304 of 2016 (2) dt.10-05-2016 2/2 injuries which are also simple in nature.

The scuffle took place on a petty matter, but it appears that anticipatory bail of many of the co-accused namely Vijay Manjhi and Ors. have already been rejected vide orders passed in Cr. Misc. No. 5722 of 2016 on 19.02.2016 and the case of the petitioners stands on same footing.

Considering the aforesaid facts, I am not inclined to enlarge the petitioners above named on anticipatory bail in Sirdala (Meskaur) P.S. Case No. 76 of 2015, pending in the court of Sri Subir Kumar, the learned Judicial Magistrate, 1st Class, Nawada. Accordingly, the same is rejected.

However, the petitioners, if so advised, may surrender before the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail, their prayer shall be considered on its own merit without being prejudiced by this order preferably on the same day. (Prabhat Kumar Jha, J.) KKSINHA/- U T