Chandra Shekhar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52595 of 2024 Arising Out of PS. Case No.-352 Year-2023 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== 1.

Chandra Shekhar Manjhi Son of Kilapat Manjhi R/O Vill.- Din Dayalpur, P.S.- G.B. Nagar, Dist.- Siwan 2.

Govinda Manjhi @ Govind Manjhi Son of Chaneshar Manjhi R/O Vill.- Din Dayalpur, P.S.- G.B. Nagar, Dist.- Siwan 3.

Kanhaiya Kumar Ram Son of Shambhu Ram R/O Vill.- Din Dayalpur, P.S.- G.B. Nagar, Dist.- Siwan 4.

Upendra Manjhi @ Jhanjhan @ Jhanjhan Manjhi Son of Nawal Manjhi R/O Vill.- Din Dayalpur, P.S.- G.B. Nagar, Dist.- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :

Dr. (Ms.) Indiwar Kumari, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-07-2024

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

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code.

3. Learned counsel for the petitioners submits that petitioner nos. 1 to 3 are persons with clean antecedent and petitioner no. 4 has antecedent of two cases. It is further submitted that similarly situated co-accused Arun Manjhi @ Arun Kumar had approached this Court seeking anticipatory bail by filing Cr. Misc. No. 49921 of 2024 and the same was

Patna High Court CR. MISC. No.52595 of 2024(2) dt.20-07-2024 2/3 allowed after taking into consideration the facts and merits of the case. It is thus submitted that since case of the petitioner is akin to the case of Arun Manjhi @ Arun Kumar, as such, petitioner be also granted the privilege of anticipatory bail. It is next submitted that petitioner will not abscond rather will cooperate in the investigation.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

5. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with G.B. Nagar P.S. Case No. 352 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

6. However, it is made clear that if the investigating officer of the case files an application bringing to the notice of the learned court below that petitioner despite giving assurance to this Court is not cooperating in the investigation or is not

Patna High Court CR. MISC. No.52595 of 2024(2) dt.20-07-2024 3/3 presenting himself as and when required by the investigating officer, the learned court below shall be at liberty to cancel the bail bonds of the petitioner after recording reasons and shall also take all coercive steps to ensure that petitioner is behind bar.

7. However, it is further made clear that if the chargesheet is submitted connecting the petitioner with the offence in that event, the present anticipatory bail order shall lose its effect.

8. Let a copy of this order be sent to the concerned police station through the learned court below. (Satyavrat Verma, J) Kundan/- U T