Sita Ram Manjhi @ Sita Ram Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56186 of 2022 Arising Out of PS. Case No.-438 Year-2021 Thana- BARACHATTI District- Gaya ====================================================== 1.
SITA RAM MANJHI @ SITA RAM MANDAL SON OF LATE RAMDEV MANJHI @ KARU MANDAL Resident of Village- Bilaspur, P.S.- Mohanpur, District- Gaya 2.
REKHA DEVI @ REKHA KUMARI WIFE OF MANISH MANJHI, D/O SITA RAM MANJHI @ SITA RAM MANDAL Resident of VillageBilaspur, P.S.- Mohanpur, District- Gaya 3.
REENA DEVI WIFE OF INDRA MANJHI Resident of Village- Bilaspur, P.S.- Mohanpur, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arvind Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Amit Kumar Rakesh, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-02-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 308, 504 and 506/34 of the Indian Penal Code.
Allegedly, after some altercation, petitioner along with other accused persons assaulted the informant and his family members. They also threatened the informant side.
It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to ulterior motive. Both the
Patna High Court CR. MISC. No.56186 of 2022(2) dt.21-02-2023 2/2 parties are co-villagers. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. The entire prosecution case of the informant is completely false, imaginary an concocted. The present case has been lodged only with intention to grab the pond of the petitioners. There is specific allegation against accused Krishna Yadav who assaulted the injured person with lathi. The injury sustained by the victim is simple in nature. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, as there is no specific allegation 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 lower Court where the case is pending/successor Court in connection with Barachatti (Mohanapur) P.S. Case No.438 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) divyanshi/- U T