Pawan Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82117 of 2023 Arising Out of PS. Case No.-223 Year-2022 Thana- MANPUR District- Nalanda ====================================================== PAWAN MANJHI Son of Kailash Manjhi Resident of Village - Harnawan, P.S.- Manpur, District - Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ganesh Sharma For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 149, 323, 341, 324, 325, 379, 37, 504 of the Indian Penal Code.

3. As per prosecution case, the petitioner along with co-accused persons came at house of informant and started assaulting to the informant, his son Akhsay Kumar and one Shiv Narayan kumar due to which they sustained injuries.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner and the informant are next door neighbour a dispute is going on between them due to which the petitioner has falsely been implicated in this case. There is case and counter case,

Patna High Court CR. MISC. No.82117 of 2023(3) dt.19-03-2024 2/2 both parties have received injuries as alleged in separate occurrence. For the alleged occurrence of 8.9.2022, the FIR was lodged on 10.9.2022 after delay of two days. It is further submitted that the petitioner is languishing in judicial custody since 24.8.2023.

5. Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail and submitted that there is specific overt-act against the petitioner to assault upon the informant's son.

6. Considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Manpur P.S. Case No. 223 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-V, Nalanda at Biharsharif.

(Sunil Kumar Panwar, J) Amandeep/- U T