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Patna High CourtCR. MISC./54726/2024allowed

Raj Kishore @ Raj Kishore Manjhi v. The State Of Bihar

2024-10-26Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54726 of 2024 Arising Out of PS. Case No.-236 Year-2023 Thana- DORIGANJ District- Saran ====================================================== 1.

Raj Kishore @ Raj Kishore Manjhi, Son of Shosha Manjhi @ Satan Manjhi Village- Dumari Dalit Basti, Ps- Doriganj, Dist- Saran 2.

Kanchan Manjhi @ Kanchan Paswan, Son of Raj Kishore @ Raj Kishore Manjhi Village- Dumari Dalit Basti, Ps- Doriganj, Dist- Saran 3.

Dhiraj Paswan @ Dhiraj Manjhi, Son of Raj Kishore @ Raj Kishore Manjhi Village- Dumari Dalit Basti, Ps- Doriganj, Dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s :

Mr. Rajiv Nayan, APP For the Informant :

Mr. Shatrughna Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 26-10-2024 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioners apprehend their arrest in connection with Doriganj P.S. Case No.236 of 2023 instituted under Sections 341, 323, 324, 307, 379 & 34 of the Indian Penal Code.

3. As per the prosecution case, petitioner no.1 went to

Patna High Court CR. MISC. No.54726 of 2024(3) dt.26-10-2024 2/3 the shop of the informant for welding of his tractor but informant refused to do the work. Later on, the above-named petitioners assaulted the informant with knife and took Rs.60,000 from his pocket.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case due to village politics. He further submits that during the work of welding of tractor, some altercation took place between the parties and there is also case and counter case between them. The injury on the injured is simple in nature. Petitioners have no criminal antecedent and they undertake to co-operate in the investigation and the trial.

5. Learned A.P.P. for the State as well as learned counsel for the informant oppose the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount to each to the satisfaction of the learned Judicial Magistrate, Saran at Chapra / Concerned Trial

Patna High Court CR. MISC. No.54726 of 2024(3) dt.26-10-2024 3/3 Court in connection with Doriganj P.S. Case No.236 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) ashishkr/- U T