Manoj Rajbanshi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67956 of 2018 Arising Out of PS. Case No.-183 Year-2018 Thana- AKBARPUR District- Nawada ======================================================

1. Manoj Rajbanshi son of Babulal Rajbanshi

2. Gulijan Rajbanshi son of Manoj Rajbanshi

3. Shankar Rajbanshi @ Shankar Raivanshi son of Manoj Rajbanshi All Resident of Village- Aitma, Police Station- Akbarpur, District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar For the Opposite Party/s :

Mr. Sri Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-12-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 341, 323, 324, 307 and 504 of the Indian Penal Code. The prosecution case as per the written report of Lutan Rajbanshi submitted to the Station House Officer of Akbarpur Police Station is to the effect that on 21.07.2018 at 10.00 P.M. when the informant and his family members were draining the water from the courtyard, in the meantime, six persons being the agnates of the informant came and started abusing the informant and when the family members of the

Patna High Court Cr.Misc. No.67956 of 2018(2) dt.14-12-2018 2/3 informant protested petitioner no.3, Shankar Rajbanshi assaulted with knife causing cut injury on the head of the informant and when the daughter of the informant came to rescue then she was assaulted with dagger on her head. It is submitted by learned counsel for the petitioners that the petitioners being the agnates of the informant have been roped in the present case for a petty dispute and the injuries have been found simple superficial in nature. A statement has been made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent.

Learned APP submits that the petitioners are named in the FIR with specific accusation.

Considering the genesis of occurrence and the nature of injury being caused coupled with the statement made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Nawada in connection with Akbarpur P.S. Case No. 183 of

Patna High Court Cr.Misc. No.67956 of 2018(2) dt.14-12-2018 3/3 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T