Kishori Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77409 of 2019 Arising Out of PS. Case No.-267 Year-2019 Thana- GRIYAK District- Nalanda ====================================================== 1.

KISHORI MANJHI Son of Lt. Bachchu Manjhi Resident of Village - Dr. English Giriyak, P.S.- Giriyak, Distt.- Nalanda. 2.

Arbind Manjhi Son of Lt. Bachchu Manjhi Resident of Village - Dr. English Giriyak, P.S.- Giriyak, Distt.- Nalanda.

3.

Hira Manjhi Son of Binda Manjhi Resident of Village - Dr. English Giriyak, P.S.- Giriyak, Distt.- Nalanda.

4.

Sanjay Manjhi Son of Chandar Manjhi Resident of Village - Dr. English Giriyak, P.S.- Giriyak, Distt.- 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.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-03-2020 Heard the learned counsel for the petitioners and the learned APP for the State.

This is an application for grant of anticipatory bail in connection with Giriyak P.S. Case No. 267 of 2019, registered for the offence punishable under Sections 147, 148, 341, 323, 324, 326, 379, 427, 307,504 and 506 of the Indian Penal Code. The allegation is regarding the accused persons having assaulted the members of the prosecution party resulting in them being inflicted with various injuries. It is alleged that as far as the petitioner no. 1 is concerned, he had assaulted Renu Devi,

Patna High Court CR. MISC. No.77409 of 2019(3) dt.16-03-2020 2/3 however, the injury report shows that the nature of injury has been kept reserved. As far as the petitioner nos. 2 and 3 are concerned, they are stated to have assaulted Jageshwar Pawan and Sidheshwar Paswan, however, their injury has been indicated to be simple in nature in the injury report prepared by the Doctor. As far as the petitioner no. 4 is concerned, he is stated to have assaulted Rita Devi, whose injury has also been kept reserved and the Doctor has not spelled out the nature of injury.

The learned counsel for the petitioners has submitted that as far as the injury of Renu Devi and Rita Devi are concerned, a bare perusal of the injury report would show that the same are not grievous in nature and moreover, the injuries inflicted on Jageshwar Paswan and Sidheshwar Paswan have been found to be simple in nature. It is submitted that the petitioners are having a clean antecedent and the present case arises out of case and counter case.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners, I deem it fit and proper to admit the petitioners to the privilege of anticipatory bail.

Accordingly, the petitioners are directed to be enlarged

Patna High Court CR. MISC. No.77409 of 2019(3) dt.16-03-2020 3/3 on anticipatory bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1, Biharsharif, Nalanda in connection with Giriyak P.S. Case No. 267 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) Ajay/- U T