Chhathu Manjhi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13673 of 2016 Arising Out of PS.Case No. -231 Year- 2015 Thana -BASANTPUR District- SIWAN ======================================================

1. Chhathu Manjhi son of Shiv Sina Manjhi,

2. Parmod Manjhi @ Pramod Manjhi son of Deo Lal Manjhi, Both are residents of village- Gopalpur Kothi, P.S.- Basantpur, District- Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ganjendra Kumar Singh, Advocate For the State : Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 31-03-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Basantpur P.S. Case No. 231 of 2015 registered under Sections 147, 148, 341, 323, 324, 307, 379 and 504 of the Indian Penal Code.

It has been contended by the learned counsel for the petitioners that there was free fight between the parties on a trivial matter in which five persons sustained injuries from the side of the petitioners whereas three persons were injured from the side of the prosecution. It has been further contended that though there is allegation against the petitioners that they assaulted with Pharsa

Patna High Court Cr.Misc. No.13673 of 2016 (2) dt.31-03-2016 2/2 on the members of the prosecution party but the injury report shows that no sharp cutting injury was found on the person of the injured.

Learned counsel for the State has opposed the application for grant of anticipatory bail to the petitioners. Regard being had to the manner in which the occurrence took place and the nature of injury sustained by the prosecution party, in the event of arrest or surrender in the court below within four weeks from today, the petitioners, namely, Chhathu Manjhi and Pramod Manjhi @ Parmod Manjhi, are directed to be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Basantpur P.S.Case No. 231 of 2015 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Md.S./- U T