Praveen Manjhi @ Chhotan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47986 of 2023 Arising Out of PS. Case No.-60 Year-2023 Thana- DAUDPUR District- Saran ====================================================== 1.
PRAVEEN MANJHI @ CHHOTAN SON OF LATE LALCHAND MANJHI RESIDENT OF VILLAGE- BABHANWALIA, POLICE STATION -DAUDPUR, DISTRICT- SARAN 2.
RAJA BABU MANJHI @ RAJA BABU @ ARJUN MANJHI SON OF LALCHAND MANJHI RESIDENT OF VILLAGE- BABHANWALIA POLICE STATION -DAUDPUR DISTRICT- SARAN 3.
SAJAN MANJHI @ SAJAN KUMAR MANJHI SON OF LATE LALCHAND MANJHI RESIDENT OF VILLAGE- BABHANWALIA POLICE STATION -DAUDPUR DISTRICT- SARAN 4.
VINAY KUMAR MANJHI @ VINAY MANJHI SON OF VINOD MANJHI RESIDENT OF VILLAGE- BABHANWALIA POLICE STATION -DAUDPUR DISTRICT- SARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bishwajeet Singh For the Opposite Party/s :
Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-08-2023
1. Heard the parties.
2. The petitioners apprehend their arrest in connection with Daudpur PS Case No. 60 of 2023 dated 23-02-2023 registered under Section 147, 341, 323, 324, 354, 307, 504, 506 of the IPC.
3. As per the FIR on 03-02-2023 at about 7:30 PM the accused persons came near the cowshed of the informant and owing to dispute regarding passage abused the informant, when the informant protested, they started assaulting him with lathi,
Patna High Court CR. MISC. No.47986 of 2023(2) dt.23-08-2023 2/3 danda, iron rod etc. It has further been alleged that petitioner no. 2 stabbed the informant by means of knife.
4. Learned counsel for the petitioners submits that both the parties are neighbours and there is admitted land dispute between them regarding passage. He further submits that there is case and counter case between the parties inasmuch as complaint case bearing Complaint Case No. 486 / 2023 has been lodged by the side of petitioners against the informant and others. Referring to Annexure-3 Series, learned counsel submits that injuries caused to the informant are simple in nature and the petitioner no. 1 has also received injuries which would be evident from Annexure- 3 Series itself.
5. On the other hand, learned counsel for the informant opposed the prayer for bail and submits that petitioner no. 1 is the order giver and on his instance the petitioner no. 2 stabbed the informant. From the injury report it appears that sharp cut injury has been caused to the informant. There is general and omnibus allegation against the petitioner nos. 3 & 4.
6. Regard being had to the submission made by the parties, taking into consideration the fact that both the parties are neighbours, there is dispute regarding passage between
Patna High Court CR. MISC. No.47986 of 2023(2) dt.23-08-2023 3/3 them, counter case is also there and injury caused to the informant is simple in nature, as such, I am inclined to grant anticipatory bail to the petitioners.
7. Let the petitioners, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Pradeep Kumar, learned Judicial Magistrate 1st Class, Saran at Chapra / successor court in connection with Daudpur PS Case No. 60 / 2023 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anil Kumar Sinha, J) praful/- U T