Chhotan Manjhi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.59787 of 2018 Arising Out of PS. Case No.-179 Year-2016 Thana- HISUWA District- Nawada ======================================================
1. Chhotan Manjhi, son of Lakhene Manjhi
2. Yogendra Manjhi, son of Chatan Manjhi
3. Sarfhoo Manjhi @ Karka Manjhi, son of Jhapasi Manjhi
4. Munilal Manjhi, son of Jhapasi Manjhi
5. Ramroop Manjhi, son of Munshi Manjhi @ Jethan Manjhi All are resident of Village- Bajra Mushari Tola P.S. Hisua, District Nawada.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar Verma For the Opposite Party/s :
Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-09-2018 Heard learned counsels for the parties.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341,323,307,379 and 504/34 of the IPC.
The prosecution case as per the furdbeyan of Chandramauli Singh as recorded by SI Pawan Kumar, Hisua police station on 22.08.2016 at 4.20 P.M. is to the effect that on the same day Petitioner Nos. 2 and 5 came and asked the informant for giving grocery item on credit whereafter, the informant asked for earlier dues, whereupon Petitioner Nos. 2 and 5 abused him. Thereafter other accused persons came armed with lathi and assaulted
Patna High Court Cr.Misc. No.59787 of 2018(2) dt.28-09-2018 2/3 the informant and took away the articles from the shop of the informant.
It is submitted by learned counsel for the petitioners that the in the background of earlier dispute, the accusation has been levelled. There is counter version of the occurrence being Hisua P.S. Case No. 180 of 2016 registered under Sections 341,323,337,379,354,448 and 504 of the IPC and Sections 3(1)(X) of the S.C. S.T. (Prevention of Atrocities) Act. The injury of the informant has been found superficial simple in nature caused by hard blunt substance. Statement has been made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent.
Learned APP submits that the petitioners are named in the FIR.
Considering the fact that the accusation is not being corroborated with the medical opinion and the nature of injury being simple, let the petitioners above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM,
Patna High Court Cr.Misc. No.59787 of 2018(2) dt.28-09-2018 3/3 Nawada in connection with Hisua P.S. Case No. 179 of 2016 subject to the conditions laid down in Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) anil/- U