Raghubansh Manee Giri @ Manee Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34388 of 2020 Arising Out of PS. Case No.-48 Year-2019 Thana- MANJHI District- Saran ====================================================== 1.

Raghubansh Manee Giri @ Manee Giri son of late Raj Balam Giri resident of village- Raghunath Giri Ke Mathiya, Police Station- Manjhi, DistrictSaran (Chapra) 2.

Ved Prakash Giri son of Raghubansh Manee Giri @ Manee Giri resident of village- Raghunath Giri Ke Mathiya, Police Station- Manjhi, District- Saran (Chapra) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sachida Nand Rai For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-03-2021 Heard learned counsel for the petitioners and the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 341, 323, 324, 325, 307, 354/34 of the Indian Penal Code.

Allegedly, in the backdrop of land dispute, while the informant was ploughing his field, the accused persons having armed with lathi, Bhala, spade came there and started assaulting the informant with intention to kill as a result of which, the

Patna High Court CR. MISC. No.34388 of 2020(2) dt.17-03-2021 2/3 informant sustained injuries.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. Initially, a complaint case was filed which was forwarded to concerned police station under Section 156(3) Cr.P.C. and accordingly, the case has been instituted. The date of occurrence is said to be 24-11-2018 and the complaint was filed on 21-01-2019. The delay in instituting the case has not been explained by the prosecution. There is case and counter case between the parties. The injury on the side of the accused has not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XIV, Saran at Chapra in connection

Patna High Court CR. MISC. No.34388 of 2020(2) dt.17-03-2021 3/3 with Manjhi P.S. Case No. 48 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T