Gautam Manjhi @ Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73628 of 2019 Arising Out of PS. Case No.-63 Year-2019 Thana- DHURAIYA District- Banka ====================================================== 1.

GAUTAM MANJHI @ GAUTAM KUMAR S/o Manoj Manjhi R/o villageKachmachia Patar Tola, P.S.- Panjwara, District- Banka 2.

Sonu Manjhi @ Sonu Kumar S/o Manoj Manjhi R/o village- Kachmachia Patar Tola, P.S.- Panjwara, District- Banka ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-12-2019 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Dhoraiya P.S. Case No. 63 of 2019 for the offence registered under Sections 302/34 of the Indian Penal Code. The allegation is regarding the dead body of the brother of the informant having been found lying outside the village whereafter the informant is said to have gone there and had identified the dead body. It is further alleged that since the petitioners herein and their family members are having land dispute with the prosecution party, they might have killed the brother of the informant.

The learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case

Patna High Court CR. MISC. No.73628 of 2019(3) dt.19-12-2019 2/2 merely on suspicion and no material whatsoever has been gathered by the Police during the course of investigation so as to connect the petitioners with the alleged occurrence. It is further submitted that some of the co-accused persons have already been granted anticipatory bail vide orders dated 18.11.2019 and 19.11.2019 passed by the coordinate Benches of this Court in Criminal Misc. No. 68545 of 2019 and Criminal Misc. No. 73079 of 2019.

Having regard to the facts and circumstances of the case, the petitioners, above named, are directed to be released on anticipatory bail in the event of their arrest/surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Class Judicial Magistrate, Banka in connection with Dhoriaya P.S. Case No. 63 of 2019 subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U T