Dinesh Manjhi @ Dinesh Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58202 of 2022 Arising Out of PS. Case No.-205 Year-2022 Thana- SIWAN COMPLAINT CASE DistrictSiwan ====================================================== 1.

DINESH MANJHI @ DINESH KUMAR PASWAN Son of Yogendra Manjhi Resident of Village - Sadikpur, P.S.- Pachrukhi, District - Siwan. 2.

Tuntun Manjhi Son of Late Vidya Manjhi Resident of Village - Sadikpur, P.S.- Pachrukhi, District - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Bardhan Pandey For the Opposite Party/s :

Mr. Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-01-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 323, 354, 379 and 506 of the Indian Penal Code.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no 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 an admitted land dispute between the parties. The occurrence took place on 28.11.2021 and the complaint was filed on 31.01.2022 i.e. after a delay of

Patna High Court CR. MISC. No.58202 of 2022(2) dt.03-01-2023 2/2 64 days without giving any plausible explanation regarding the said delay, which creates a serious doubt on the genuineness of the prosecution story. The petitioners and the complainant are agnates. Petitioners have one criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, as there is a delay in filing of complaint and there is a land dispute between the parties, 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 Complaint Case No.205 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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