Manish Viraj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58306 of 2023 Arising Out of PS. Case No.-856 Year-2022 Thana- LAKHISARAI District- Lakhisarai ====================================================== 1.

Manish Viraj S/O Sunil Mahto R/O Mohalla- Pachana Road, Naya Bazar, Lakhisarai, P.S And Distt.- Lakhisarai.

2.

Chandan Kumar @ Chandan Kumar Mandal S/O Late Raghunandan Mandal @ Bhutnath Mandal R/O Mohalla- Pachana Road, Naya Bazar, Lakhisarai, P.S And Distt.- Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Arun For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-12-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

3. Earlier the petitioners were granted provisional bail vide order dated 11.10.2023 and learned counsel for the petitioners seeks confirmation of the provisional bail granted to the petitioners.

4. The petitioners are apprehending their arrest in connection with Lakhisarai (Kabaiya O.P) P.S Case No. 856/2022 dated 22.10.2022 registered for the offence punishable under Section 384, 379, 427 and 506 read with 34.

Patna High Court CR. MISC. No.58306 of 2023(4) dt.13-12-2023 2/2

5. As per the prosecution case, the petitioners and the co-accused persons are alleged to have demanded Rs. 5 lacs as rangdari and due to non-fulfillment of the said demand, the petitioners and the co-accused persons demolished the boundary wall of the informant which was constructed over the purchased land of the informant.

6. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case on account of land dispute. The petitioner No. 1 is a student and the petitioner No. 2 is a businessman who deals in seeds. The petitioners have no criminal antecedent as stated in para 3 of the bail petition.

7. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioners.

8. Considering the aforesaid facts, the provisional bail granted to the petitioners vide order dated 11.10.2023 is hereby confirmed in connection with Lakhisarai (Kabaiya O.P) P.S Case No. 856/2022 to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai.

9. This application stands allowed.

(Chandra Prakash Singh, J) atul/- U T