Shivnarayan Manjhi @ Shivan Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45585 of 2023 Arising Out of PS. Case No.-118 Year-2023 Thana- BAUNSI District- Banka ====================================================== 1.

Shivnarayan Manjhi @ Shivan Manjhi S/O Late Aghhan Manjhi R/O Village- Baluatari, P.S- Bounsi, Distt- Banka (Bihar). 2.

Jaykant Manjhi @ Jaykant Kumar S/O Shivnarayan Manjhi @ Shivan Manjhi R/O Village- Baluatari, P.S- Bounsi, Distt- Banka (Bihar). 3.

Chitranjan Kumar S/O Shivnarayan Manjhi @ Shivan Manjhi R/O VillageBaluatari, P.S- Bounsi, Distt- Banka (Bihar). 4.

Chandni Devi W/O Nawal Kishore Manjhi R/O Village- Baluatari, P.SBounsi, Distt- Banka(Bihar). 5.

Jharni Devi @ Dharni Devi W/O Shivnarayan Manjhi @ Shivan Manjhi R/O Village- Baluatari, P.S- Bounsi, Distt- Banka(Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar Sinha No.1, Advocate For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-08-2023 1.

Heard the learned counsel for the petitioners and learned APP for the State.

2.

This is an application for grant of anticipatory bail in connection with Bounsi P.S. Case No.118 of 2023, registered for offences under Sections 141/323/325/307/504/506/34 of the IPC. 3.

The allegation is regarding the accused persons having assaulted the informant, his son and his daughter-in-law with lathi and danda on account

Patna High Court CR. MISC. No.45585 of 2023(2) dt.04-08-2023 2/3 of certain disputes having arisen amongst them. 4.

The learned counsel for the petitioners has submitted that the petitioners are innocent, they have been falsely implicated in the present case and they are having a clean antecedent. The learned counsel for the petitioners has further submitted that a general and omnibus allegation has been levelled against the petitioners, and moreover, there is no injury report on record to suggest that members of the prosecution party have sustained any serious injuries. It is also submitted that only on account of quarrel having erupted in between the children of the parties, the present incident has taken place and all the family members have been made accused. 5.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

6.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that a general and omnibus allegation has been levelled against all the petitioners, apart from the fact that there

Patna High Court CR. MISC. No.45585 of 2023(2) dt.04-08-2023 3/3 is no injury report on record to suggest that the members of the prosecution party have sustained any injury, I deem it fit and proper to admit the petitioners to the privilege of anticipatory bail. 7.

Accordingly, the above named petitioners are directed to be enlarged on anticipatory bail, in the event of their arrest or surrender before the court below, within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Bounsi P.S. Case No.118 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) kanchan/- U T