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Patna High CourtCR. MISC./3631/2025bail granted

Sunti Devi v. The State Of Bihar

2025-02-27Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3631 of 2025 Arising Out of PS. Case No.-298 Year-2024 Thana- NOORSARAI District- Nalanda ====================================================== 1.

Sunti Devi W/O Ganesh Manjhi R/O Village- Ajaypur, P.S- Noorsari, Distt.- Nalanda.

2.

Ganesh Manjhi S/O Laloo Manjhi @ Lalan Manjhi R/O Village- Ajaypur, P.S- Noorsari, Distt.- Nalanda.

3.

Jagan Manjhi @ Jangan Manjhi S/O Indal Manjhi R/O Village- Ajaypur, P.S- Noorsari, Distt.- Nalanda.

4.

Laldev Manjhi @ Lalvesh Manjhi @ Baldev Manjhi S/O Phecan Manjhi R/O Village- Ajaypur, P.S- Noorsari, Distt.- Nalanda. 5.

Phecan Manjhi S/O Late Muneshwar Manjhi @ Bhuneshar Manjhi @ Muneshar Manjhi R/O Village- Ajaypur, P.S- Noorsari, Distt.- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Kumar For the Opposite Party/s :

Mr. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-02-2025

1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Noorsarai P.S. Case No. 298 of 2024, disclosing offences under Sections 121, 122, 126(2), 115(2), 118, 74, 109 of the BNS, 2023.

3. As per the FIR, petitioners, along with other accused persons total 8 in numbers, on 07.07.2024, arrived near the house of the informant and assaulted the informant on his

Patna High Court CR. MISC. No.3631 of 2025(2) dt.27-02-2025 2/3 head and when the family members of the informant intervened, they were also assaulted by them.

4. Learned Counsel for the petitioners submits that both the parties are agnates and there is dispute regarding naligali between them. A counter case has been lodged by the side of the petitioners against the informant for an occurrence which has taken place on the same day bearing Noorsarai P.S. Case No. 299 of 2024. The injury sustained by the family members of the informant are simple in nature except one injury on the head of the informant which has been opined as grievous. Three accused persons have been granted regular bail on the basis of compromise which would be evident from the impugned order. The allegation against the petitioners is general and omnibus in nature and petitioner no. 1 is a lady and petitioner no. 5 is aged about 55 years.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are neighbors having case and counter case, the allegation against the petitioners are general and omnibus in nature and three of the accused persons were arrested and granted regular bail on the basis of compromise, I am inclined to grant the petitioners privilege of anticipatory bail.

Patna High Court CR. MISC. No.3631 of 2025(2) dt.27-02-2025 3/3

6. This application is, accordingly, allowed.

7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bihar Sharif at Nalanda, in connection with Noorsarai P.S. Case No. 298 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) HarshPandey/- U T