Shirhanti Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60608 of 2021 Arising Out of PS. Case No.-366 Year-2020 Thana- HILSA District- Nalanda ====================================================== 1.

SHIRHANTI MANJHI Son of Late Mishri Manjhi Resident of VillageAkbarpur, P.S.- Hilsa, District- Nalanda. 2.

Vijay Manjhi Son of Yogendra Manjhi Resident of Village- Akbarpur, P.S.- Hilsa, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-07-2022 Heard the parties.

At the very outset, learned counsel for the petitioners seeks permission to withdraw the prayer for anticipatory bail of the petitioner no.1, as he has already been arrested. Permission is granted.

Accordingly, the prayer for anticipatory bail made through the instant application, on behalf of the petitioner no.1 is dismissed as withdrawn.

Now, the present application is being heard for consideration of anticipatory bail of petitioner no.2 only. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court

Patna High Court CR. MISC. No.60608 of 2021(2) dt.05-07-2022 2/3 proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner no.2 apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 504, 307/34 of the Indian Penal Code.

The allegation against the petitioner is that he along with other accused persons has indiscriminately assaulted the informant and his father due to which they sustained injuries. 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. There is general and omnibus allegation against all the accused persons who assaulted the informant. The injury are simple in nature. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail by submitting that there is specific allegation against the petitioner and it has come in the impugned order that the injuries are grievous in nature.

Having regard to the facts and circumstances of the case, considering that the injuries are grievous in nature, I am not inclined to enlarge the petitioner no.2 on bail. The prayer for

Patna High Court CR. MISC. No.60608 of 2021(2) dt.05-07-2022 3/3 anticipatory bail on behalf of the petitioner no.2 is accordingly rejected.

This application stands dismissed accordingly. (Anjani Kumar Sharan, J) pallavi/- U T