Munni Manjhi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42034 of 2018 Arising Out of PS.C.ase No. -64 Year- 2018 Thana -FATEHPUR District- GAYA ======================================================

1. Munni Manjhi,

2. Sunil Manjhi,

3. Raju Manjhi,

4. Mukhiya Manjhi @ Mukhya Manjhi

5. Shravan Kumar, All petitioner No. 1 to 5 are sons of Late Kisun Dayal Manjhi,

6. Munshi Manjhi @ Munsi Manjhi, Son of Late Ramdhani Manjhi, all petitioner no. 1 to 6 are resident of Village- Dharampur, Police StationFatehpur, District- Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shailesh Kumar, Advocate For the Opposite Party/s : Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-07-2018 Heard learned counsel for the petitioners as well as the State.

The petitioners apprehend their arrest in Fatehpur P.S. Case No. 64/2018, instituted for the offences punishable under Sections 341, 323, 307, 447 and 504/34 of the Indian Penal Code. Learned counsel for the petitioners has submitted that the instant case has been lodged due to land dispute between the parties. Now the parties have compromised the case, which is apparent from Annexure-2.

In the written report, there is allegation against petitioner no. 1 that he assaulted the informant with lathi on his head

Patna High Court Cr.Misc. No.42034 of 2018 (2) dt.23-07-2018 2/2 and other accused persons also assaulted the informant. From the written report, it appears that there is land dispute between the parties.

Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Fatehpur P.S. Case No. 64/2018, they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) Rakhi U T