Patna High CourtCR. MISC./8412/2018allowed

Sanjay Manjhi And ANR v. State Of Bihar And ANR

2018-02-17Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.8412 of 2018 (2) dt.17-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8412 of 2018 Arising Out of PS.Case No. -1617 Year- 2016 Thana -GAYA COMPLAINT CASE District- GAYA ======================================================

1. Sanjay Manjhi,

2. Ranjay Manjhi Both Son of Ramchandra Manjhi, R/o Village- Sohaipur, P.S.- Muffasil, District- Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Smt. Kranti Devi D/o Late Parmeshwar manjhi, R/o village- Sohaipur, P.S.- Muffasil, District- Gaya.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prithivi Raj Singh, Adv. For the Opposite Party/s : Mr. Sri Narsingh Tanti, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 17-02-2018 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Complaint Case No. 1617 of 2016, disclosing offences under Sections 147, 149, 379, 406, 417, 504 and 34 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that there is general and omnibus allegation against these petitioners and no specific overt act is attributed to him. In fact, the alleged occurrence took place on 02.11.2016 whereas the complaint has been filed on 10.11.2016 after lapse of eight days, without explaining the plausible delay.

Moreover the

Patna High Court Cr.Misc. No.8412 of 2018 (2) dt.17-02-2018 complainant and the accused persons happen to be Gotiya and co-sharer of the land for which the entire dispute arose between the parties. The dispute appears to be civil in nature. Hence, the petitioners deserve the privilege of anticipatory bail. Hence the petitioners deserve the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Gaya, in connection with Complaint Case No. 1617 of 2016 subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T