Govind Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58265 of 2023 Arising Out of PS. Case No.-51 Year-2023 Thana- PIPRAKOTHI District- East Champaran ====================================================== 1.
GOVIND MANJHI SON OF JOGA MANJHI RESIDENT OF VILLAGE - JHAKHARA, UPRATHI, P.S. - PIPRA KOTHI, DISTRICT - EAST CHAMPARAN 2.
RAJESH SAHANI SON OF RUPLAL SAHANI RESIDENT OF VILLAGE - JHAKHARA, UPRATHI, P.S. - PIPRA KOTHI, DISTRICT - EAST CHAMPARAN 3.
RAJA SAHANI SON OF RUPLAL SAHANI RESIDENT OF VILLAGE - JHAKHARA, UPRATHI, P.S. - PIPRA KOTHI, DISTRICT - EAST CHAMPARAN ... ... Petitioner/s
Versus
THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar For the Opposite Party/s :
Mr. Anil Prasad Singh Mr. Madhurendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-12-2023 Heard learned counsel for the petitioners, learned counsel for the informant as well as learned APP for the State.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 327, 329, 386, 504, 506, 308, 34 of the Indian Penal Code.
3. The allegation against the petitioners is that they along with other co-accused persons assaulted the informant's side by and also demanded ransom of Rs.20,00,000/- from them.
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no
Patna High Court CR. MISC. No.58265 of 2023(3) dt.14-12-2023 2/3 offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners. He further submits that no person has sustained injury in the present case, which is clear from the FIR and impugned order. There is an admitted land dispute between the parties. Petitioners have three criminal antecedent.
5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail. It is submitted by the learned counsel for the informant that the petitioners are involved in the present case and they have also suppressed their criminal antecedent.
6. Having regard to the facts and circumstances of the case as there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned 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 court below where the case is pending/Successor Court in connection with Pipra Kothi P.S. Case No.51 of 2023, subject to
Patna High Court CR. MISC. No.58265 of 2023(3) dt.14-12-2023 3/3 the conditions as laid down under Section 438(2) of the Cr.P.C.
7. However, the learned Court below is directed to verify the criminal antecedent of the petitioners before accepting the bail bond. If it is found that the petitioners are involved in any other case prior to the present case, other than the cases mentioned in para-3 of the bail application , then their bail bond shall not be accepted.
(Anjani Kumar Sharan, J) shikha/- U T