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Patna High CourtCR. MISC./76478/2023allowed

Anil Manjhi v. The State Of Bihar

2023-12-05Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76478 of 2023 Arising Out of PS. Case No.-428 Year-2023 Thana- MAKHDUMPUR District- Jehanabad ====================================================== ANIL MANJHI Son of Lotha Manjhi R/o vill - Paleya Bigha, P.S. - Makhdumpur, Distt. - Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar, Adv.

For the Opposite Party/s :

Mr.Binod Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 143, 341, 323, 337, 353, 332, 333, 186, 504, 307 of the Indian Penal Code.

3. Allegedly, during the course of raiding, the informant apprehended co-accused Raj Kumari Devi with 10 litres illicit mahua wine. With an intention to save the apprehended person, more than 50 persons, started pelting brick and stones upon the police personnel as a result of which some of them got injured.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The

Patna High Court CR. MISC. No.76478 of 2023(2) dt.05-12-2023 2/2 allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner is not named in the FIR. No incriminating article has been recovered from the possession and house of the petitioner. Petitioner is merely a member of the assembled mob. Petitioner has one criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, as petitioner is not named in the FIR and he is merely a member of the assembled mob, let the above named petitioner, be released on bail, in the event of his 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) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Makhdumpur P.S. Case No. 428 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T