Sikandar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71320 of 2019 Arising Out of PS. Case No.-504 Year-2019 Thana- GARKHA District- Saran ====================================================== 1.

Sikandar Manjhi Son of Late Sukan Manjhi Resident of Village- Babhnawa, P.S.- Garkha, District- Saran at Chapra.

2.

Premchandra Kumar Rai @ Prem Chandra Kumar S/o Upendra Rai Resident of Village- Babhnawa, P.S.- Garkha, District- Saran at Chapra. 3.

Dudhnath Sah Son of Late Deo Kumar Sah Resident of Village- Mahamda, P.S.- Garkha, District- Saran at Chapra.

4.

Jitesh Kumar Son of Mithilesh Rai Resident of Village- Babhnawa, P.S.- Garkha, District- Saran at Chapra.

5.

Akhilesh Kumar S/o- Surendra Rai Resident of Village- Babhnawa, P.S.- Garkha, District- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nawal Kishore Singh For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-11-2019 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners apprehend his arrest in connection with Garkha P.S. Case No. 504 of 2019 for the offence punishable under Sections 341, 323, 353/34 of the Indian Penal Code. The allegation is regarding altercation having taken place in between the accused persons and the prosecution party at the time when the general meeting for appointment of Sahayika/ sevika was taking place, pertaining to ward no. 10, Panchayat Mahmada, Maharani Asthan, District Saran. The prosecution has levelled allegations regarding assault by the accused persons as also snatching

Patna High Court CR. MISC. No.71320 of 2019(2) dt.16-11-2019 2/2 of government files.

The learned counsel for the petitioners submits that the present case arises out of a case and a counter case and the wife of the petitioner no.1 has filed a complaint case No. 297 of 2019 dated 17.08.2019. It is further submitted that the wife of petitioner no.2 is the ward member and therefore, the informant was trying to get her signature forcibly on the list of pre-selected candidates which resulted in altercation. Lastly, it is submitted that the petitioners are having clean antecedent.

Having regard to the facts and circumstances of the case, in the event of arrest or surrender in the court below within a period of four weeks from today, the petitioners above named are directed to be released on anticipatory bail on furnishing bail- bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-XIVth Saran at Chapra in connection with Garkha P.S. Case No. 504/2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) Tiwary/- U