Fudo Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54675 of 2022 Arising Out of PS. Case No.-191 Year-2017 Thana- BANKA District- Banka ====================================================== 1.

FUDO MANJHI Son of Late Meghnath Manjhi Resident of Village - Jhiraba, P.s.- Banka, Distt.- Banka.

2.

Sonu Manjhi Son of Late Meghnath Manjhi Resident of Village - Jhiraba, P.s.- Banka, Distt.- Banka.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Mukherjee, Advocate For the Opposite Party/s :

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-01-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable u/s 147, 149, 337, 431, 438, 427, 307 and 379 of the Indian Penal Code. As per the prosecution case, the informant was going towards Saharsa after loading sand on his truck. When he reached near Chutiya More, he saw that the traffic was blocked

Patna High Court CR. MISC. No.54675 of 2022(2) dt.19-01-2023 2/3 by the protesters who were 500-700 in numbers on account of accident in which a schoolgirl died on spot. It is further alleged that some of the protesters entered the cabin of the aforesaid truck and took Rs. 8,500/- and thereafter, set the said truck on fire sprinkling diesel on it.

Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. He has submitted that the name of the petitioners has transpired during the course of the investigation. He has further submitted that no incriminating article was recovered from the possession of the petitioners. He has submitted that the petitioners are also accused in six other criminal cases, out of which four cases were instituted for the same offence and two cases are related to excise.

Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioners. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court

Patna High Court CR. MISC. No.54675 of 2022(2) dt.19-01-2023 3/3 concerned, Banka in connection with Banka P.S. Case No. 191 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T