Sanjay Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50678 of 2021 Arising Out of PS. Case No.-144 Year-2020 Thana- MANJHI District- Saran ====================================================== SANJAY MANJHI Son of Ramnath Manjhi Resident of Village - Tajpur, P.S.- Manjhi, Distt.- Saran at Chapra.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rabindra Kumar Tiwari, Advocate For the Opposite Party/s :

Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-06-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 379, 506/34 of the Indian Penal Code.

Allegedly, all the four FIR named accused persons including this petitioner cut two shisham tree of the informant and threatened to kill and blast the pump of the informant. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and

Patna High Court CR. MISC. No.50678 of 2021(3) dt.20-06-2022 2/3 omnibus in nature. No incriminating article has been recovered from the conscious physical possession of the petitioner. The real fact is that the informant runs a kerosene oil pump and the petitioner was working in the said pump from long time and several months of the salary was dues on the informant and later on due to heavy rain and storm, both the trees in question fell down and the roots came over the wall. Thereafter the informant gave direction to the petitioner and his family members to cut the trees and keep it safely and accordingly, it was kept on the door of the petitioner. It is submitted that the petitioner was demanding his dues from the informant, who deliberately implicated the petitioner for cutting of trees. This fact has also come in para-27 of the case diary. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his 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) with two sureties of the like amount each to the satisfaction of the learned court

Patna High Court CR. MISC. No.50678 of 2021(3) dt.20-06-2022 3/3 below where the case is pending/Successor Court in connection with Manjhi P.S. Case No.144/2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T