Bablu Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53317 of 2022 Arising Out of PS. Case No.-54 Year-2022 Thana- MALAYPUR District- Jamui ====================================================== BABLU MANJHI Son of Lalita Manjhi Resident of Village - Patona Musahari, P.S.- Malaypur, Dist.- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Ranjan Singh, Advocate For the Opposite Party/s :

Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-01-2023 Heard learned counsel for the petitioner and learned APP for the State through video conferencing in view of the COVID 19.

The petitioner apprehends his arrest in connection with Malaypur P.S. Case No. 54 of 2022 for the offence registered under Sections 147, 148, 149, 341, 323, 504, 307, 448 and 506 of the Indian Penal Code.

As per the prosecution story, the informant alleged that the petitioner along with host of persons closed the way of the informant by putting wood logs and when this was protested, he gave a 'Tangi' blow upon the neck of the father of the informant causing injury. The further allegation against the ladies are of instigating the other accused persons to assault. Later, his father was taken to the police station and then treated

Patna High Court CR. MISC. No.53317 of 2022(2) dt.13-01-2023 2/3 at Sadar Hospital, Jamui.

Learned counsel for the petitioner submits that it is not a case of repeated blow and in the spur of the moment scuffle took place which has been exaggerated, he do not have criminal antecedent and would like to contribute medical assistance of Rs. 10,000/- to the injured irrespective of the outcome of the present petition.

Learned APP for the State opposes the prayer for bail and submits that the allegation against the petitioner is of assault.

Taking into account the fact that the petitioner has clean antecedent, the opoinion with regard to the injury has been reserved and ultimately, the petitioner will have to face trial, this Court is inclined to grant him relief, subject to payment of Rs. 10,000/- as stated above.

Let the petitioner, in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Jamui in connection with Malaypur P.S. Case No. 54 of 2022, subject to condition as laid down under

Patna High Court CR. MISC. No.53317 of 2022(2) dt.13-01-2023 3/3 Section 438(2) of the Cr.P.C.

(Rajiv Roy, J) Jagdish/NehaU T