Rohit Manjhi @ Rohit Kumar @ Rohit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39275 of 2023 Arising Out of PS. Case No.-347 Year-2022 Thana- RAMPUR District- Gaya ====================================================== 1.

Rohit Manjhi @ Rohit Kumar @ Rohit Son Of Yogendra Manjhi @ Joginder Manjhi Resident Of Village - Gewar Bigha, Pain Bhuitoli, Bhuiyantoli, P.S. - Rampur, Distt. - Gaya 2.

Pasi Manjhi @ Manoj Manjhi Son Of Ganauri Manjhi @ Ganaur Manjhi @ Gandauri Manjhi Resident Of Village - Gewar Bigha, Pain Bhuitoli, Bhuiyantoli, P.S. - Rampur, Distt. - Gaya 3.

Sumit Kumar Son Of Vinod Manjhi Resident Of Village - Gewar Bigha, Pain Bhuitoli, Bhuiyantoli, P.S. - Rampur, Distt. - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-08-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. Learned counsel for the petitioners seeks permission to withdraw this application with regard to petitioner no. 2 submitting that he will not press the anticipatory bail application of petitioner no. 2.

3. Permission is granted.

4. Accordingly, this application with regard to petitioner no.2 is dismissed as withdrawn.

5. However, if the petitioner surrenders before the learned Court below within a period of six weeks from today

Patna High Court CR. MISC. No.39275 of 2023(2) dt.03-08-2023 2/3 and seeks regular bail, the learned Court below would pass the order, preferably, on the same day, without being prejudiced by this order.

6. Now this application is being heard only with regard to petitioners no. 1 and 3.

7. Heard learned counsel for the petitioners and learned A.P.P. for the State.

8. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 379, 504/34 of the Indian Penal Code.

9. The allegation against the petitioners is that they along with other accused persons have assaulted the informant and his son and they also snatched locket of the neck of the informant.

10. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that there is no specific overt act against the petitioners, though the injury was found grievous in nature. Petitioners have one criminal antecedent as mentioned in para-3 of this application.

11. Learned APP for the State opposes prayer for

Patna High Court CR. MISC. No.39275 of 2023(2) dt.03-08-2023 3/3 anticipatory bail.

12. Having regard to the facts and circumstances of the case, let the above named petitioners no. 1 and 3, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Rampur P.S. Case No.347 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T