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Patna High CourtCR. MISC./74345/2023bail granted

Mahesh Manjhi v. The State Of Bihar

2023-12-05Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74345 of 2023 Arising Out of PS. Case No.-64 Year-2020 Thana- FATEHPUR District- Gaya ====================================================== 1.

Mahesh Manjhi Son Of Shivbarat Manjhi @ Shivbrat Bhuiyan @ Shivrath Manjhi Resident Of Village - Goiniya, P.S. - Fatehpur, District - Gaya 2.

Mithilesh Manjhi Son Of Shivbarat Manjhi @ Shivbrat Manjhi @ Shivbrat Bhuiyan @ Shivrath Manjhi Resident Of Village - Goiniya, P.S. - Fatehpur, District - Gaya 3.

Uday Manjhi Son Of Shivbarat Manjhi @ Shivbrat Manjhi @ Shivbrat Bhuiyan @ Shivrath Manjhi Resident Of Village - Goiniya, P.S. - Fatehpur, District - Gaya 4.

Shivbrat Manjhi @ Shivbarat Manjhi @ Shivbrat Bhuiyan @ Shivrath Manjhi Son Of Late Prabhu Manjhi Resident Of Village - Goiniya, P.S. - Fatehpur, District - Gaya 5.

Sangita Devi Wife Of Uday Manjhi Resident Of Village - Goiniya, P.S. - Fatehpur, District - Gaya 6.

Suganti Devi Wife Of Mithilesh Manjhi Resident Of Village - Goiniya, P.S. - Fatehpur, District - Gaya 7.

Gauri Devi @ Gore Devi Wife Of Shivbrat Bhuiyan @ Shivbarat Manjhi @ Shivbrat Manjhi @ Shivrath Manjhi Resident Of Village - Goiniya, P.S. - Fatehpur, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar, Advocate For the Opposite Party/s :

Ms. Sharda Kumari, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-12-2023 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.

Patna High Court CR. MISC. No.74345 of 2023(2) dt.05-12-2023 2/3

3. The petitioners are apprehending their arrest in connection with Fatehpur P.S. Case No. 64 of 2020 dated 25.04.2020 registered for the offences punishable under Sections 188, 341, 323, 308, 504 and 506 read with 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner holding deadly weapons came to the house of the informant and stated abusing and assaulting the informant and his family members due to which the informant sustained back injury, his wife and daughter-in-law sustained head injuries and his son received finger injury.

5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case on account of land dispute. Learned counsel has further submitted that the injuries are simple in nature. It is further submitted that the petitioner No. 5,6 and 7 are ladies. The petitioners have no criminal antecedent as stated in para 3 of the bail petition.

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

7. Considering the aforesaid facts and circumstances of the case as well as the injuries being simple in nature, let the above named petitioners, in the event of their arrest/surrender

Patna High Court CR. MISC. No.74345 of 2023(2) dt.05-12-2023 3/3 within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Gaya in connection with Fatehpur P.S. Case No. 64 of 2020, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

8. This application stands allowed.

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