Manoj Bhuiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55574 of 2023 Arising Out of PS. Case No.-136 Year-2021 Thana- ROSHANGANJ District- Gaya ====================================================== 1.

Manoj Bhuiya Son of Madan Bhuiya Resident of village - Sagdiha, P.s. - Roushanganj, Distt. - Gaya 2.

Binod Bhuiya @ Sadhka Bhuiya Son of Madan Bhuiya Resident of village - Sagdiha, P.s. - Roushanganj, Distt. - Gaya 3.

Subodh Bhuiya @ Subodh Kumar Son of Madan Bhuiya Resident of village - Sagdiha, P.s. - Roushanganj, Distt. - Gaya ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Sumitra Devi @ Samundri Devi W/o Kailash Yadav R/o vill - Sagdiha, P.O. - Sagdiha, P.S. - Roushanganj, Distt - Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-10-2023 Heard learned counsel for the petitioners and learned counsel for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 325, 326, 354, 380, 452, 504, 506/34 of the Indian Penal Code.

3. As per the prosecution case, petitioners along with other co-accused persons abused and assaulted the complainant and family members over possession of piece of land.

4. It is submitted by the counsel for petitioners that petitioners have been falsely implicated in this case. Petitioner

Patna High Court CR. MISC. No.55574 of 2023(2) dt.09-10-2023 2/2 nos. 1 and 2 armed with lathi and tangi assaulted the complainant side, as a result of which complainant and one Phool Kumari Devi sustained head injuries and Munni Devi sustained injury in her hand causing fracture in her hand, injury on her head. Though, there is allegation of assault against petitioners, but from the impugned order, it is not clear that injury was found grievous or not. Moreover, the case is purely of civil nature. Petitioner claims clean antecedent.

5. learned APP for the State vehemently opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, let the petitioners above-named, be released on bail, in the event of their arrest or surrender before the court below within a period of six weeks from today, 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 Additional Chief Judicial Magistrate, Sherghati, Gaya in connection with Roushanganj P.S. Case No. 136 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) vinita/- U T