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Patna High CourtCR. MISC./39194/2025partly allowed disposal

Narayan Manjhi @ Shiv Narayen Manjhi v. The State Of Bihar

2025-06-20Justice Smt. Soni Shrivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39194 of 2025 Arising Out of PS. Case No.-406 Year-2024 Thana- BODHGAYA District- Gaya ====================================================== 1.

Narayan Manjhi @ Shiv Narayen Manjhi Son of Lakhan Manjhi Resident of Village- Ramnagar, Gaphakhurd, P.S.- Bodhgaya, District- Gaya 2.

Daso Manjhi Son of Munshi Manjhi Resident of Village- Ramnagar, Gaphakhurd, P.S.- Bodhgaya, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Sinha, Adv.

For the State :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 20-06-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. After some arguments, learned counsel for the petitioners seeks permission to withdraw this application in respect of petitioner no.1, namely, Narayan Manjhi @ Shiv Narayen Manjhi.

3. Permission is granted.

4. Accordingly, this application is dismissed as withdrawn in respect of petitioner no.1 only.

5. However, if petitioner no.1 surrenders before the learned Court below within three weeks from today and seeks regular bail, the learned Court below shall pass order on the

Patna High Court CR. MISC. No.39194 of 2025(2) dt.20-06-2025 2/3 same day in accordance with law without being prejudiced by this order.

6. Now this application survives for petitioner no.2 only.

7. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 74, 126(2), 115, 303(2), 352, 351(2), 351(3), 109 and 3(5) of the B.N.S., 2023.

8. The allegation in the FIR is that all the FIR named accused persons have entered the house of the informant with deadly weapons and assaulted her and her family members.

9. Learned counsel for the petitioner submits that there is general and omnibus allegation against the petitioner along with others of committing some bad behaviour with the female members of the house. Although it is stated that the petitioner was armed with a lathi, however, there is no specific allegation of assault upon him. It is next submitted that petitioner has no criminal antecedent as mentioned in para 3 of the bail application.

10. Learned APP for the State opposes the prayer for bail

11. Considering the aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to petitioner no.2. Let petitioner no.2, above named, in the event of his arrest or surrender before the Court below within four

Patna High Court CR. MISC. No.39194 of 2025(2) dt.20-06-2025 3/3 weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) 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 Bodhgaya P.S. Case No. 406 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C/ 482 (2) of the BNSS, 2023.

12. Accordingly, the application stands partly allowed. (Soni Shrivastava, J) divyanshi/- U T