Prabhu Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54366 of 2019 Arising Out of PS. Case No.-23 Year-2019 Thana- BHAGWANGANJ District- Patna ====================================================== PRABHU MANJHI, aged about 51 years, Male, Son of Late Mahabir Manjhi, Resident of Village-Sarata, P.S.-Sakurabad, District-Jehanabad ... Petitioner

Versus

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

For the Petitioner :

Mr. Vinod Kumar, Adv.

For the Opposite Party :

Mr. A.M.P. Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 29-08-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Bhagwanganj P.S. Case No. 23 of 2019 for the offences alleged under Sections 323, 341, 307, 504 and 34 of the Indian Penal Code.

The accusation is that in the evening of 11.03.2019 informant, Dharmendra Manjhi, was returning to his house after taking dinner of a function, in the way Sampu Kumari, after coming out of her house, made complaint about damaging her kothi. In the meantime, four persons, named in the first information report, including the petitioner, came out there and started abusing and caused assault through lathi, pelting stones and brick bats. At that time, Prabhu Manjhi (petitioner) caused injury through lathi in which is teeth detached and he also sustained injury on head.

Learned counsel appearing for the petitioner submits that the petitioner and others have falsely been implicated in this

Patna High Court CR. MISC. No.54366 of 2019(2) dt.29-08-2019 2/2 case with ulterior motive. More over, at the time of disposal of the anticipatory bail petition no. 4404 of 2019 filed by the petitioner in the Court of the Sessions Judge, Patna, while case diary was received, but, injury report was not there, only paragraph 21 of the case diary indicates about sustaining injury. Petitioner has no criminal antecedent.

Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Bhagwanganj P.S. Case No. 23 of 2019 shall be released on pre-arrest bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Subdivisional Judicial Magistrate, Masaurhi, Patna, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Shamshad/- U T