Manjit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9201 of 2021 Arising Out of PS. Case No.-62 Year-2020 Thana- PAHARPUR District- East Champaran ====================================================== 1.

Manjit Kumar Son Of Dugi Ram Resident Of Village - Kamalpipra, P.S.- Paharpur, Distt.- East Champaran.

2.

Ramayan Ram Son Of Sakaldhari Ram Resident Of Village - Kamalpipra, P.S.- Paharpur, Distt.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar For the Opposite Party/s :

Mr. Dhananjay Kumar No. 2 :

Mr. Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-09-2021 Heard learned counsel for the petitioners and learned A.P.P. for the State through virtual court proceeding. Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners seek bail in connection with Paharpur P.S. Case No. 62 of 2020 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 379, 302, 504 of the Indian Penal Code.

Allegation, as per the F.I.R., is that petitioners along with

Patna High Court CR. MISC. No.9201 of 2021(3) dt.07-09-2021 2/3 other F.I.R. named accused persons destroyed hut of the informant which was build on the land purchased by his father. It is alleged that accused persons including petitioners brutally assaulted informant, his father and other family members by means of lathi. It is further alleged that on co-accused person Dugi Ram strangulated throat of informant's father due to which he succumbed to death.

It is submitted by learned counsel for the petitioners that petitioners have falsely been implicated in this case and has not committed any offence as alleged in the FIR. No such occurrence as alleged ever took place. He submits that specific allegation of strangulation is against one co-accused person Dugi Ram and allegation against the Petitioner No. 2 is that he inflicted Garasi blow upon the finger of the informant which is not vital part of the body whereas allegation against Petitioner No. 1 is general and omnibus in nature. He further submits that petitioners are a member of mob and have not commited any offence as they are falsely implicated in the present case due to land dispute. The petitioners have no criminal antecedent and they are languishing in custody since 04.10.2020. Learned APP for the State opposed the bail petition. Considering the facts aforesaid, the above named

Patna High Court CR. MISC. No.9201 of 2021(3) dt.07-09-2021 3/3 petitioners are directed to be enlarged on bail, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five 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 Paharpur P.S. Case No. 62 of 2020. (Anjani Kumar Sharan, J) GAURAV S./- U T