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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.89638 of 2024 Arising Out of PS. Case No.-193 Year-2024 Thana- KUCHAIKOTE District- Gopalganj ======================================================
1. Sanhu Manjhi S/o Late Gajadhar Manjhi R/o vill - Jalalpur, P.s. - Kuchaikote, Distt.- Gopalganj, Bihar
2. Chandeshwar Manjhi S/o Late Gajadhar Manjhi R/o vill - Jalalpur, P.s. - Kuchaikote, Distt.- Gopalganj, Bihar
3. Puja Kumari W/o Chandeshwar Manjhi R/o vill - Jalalpur, P.s. - Kuchaikote, Distt.- Gopalganj, Bihar
4. Mintu Devi W/o Late Santosh Manjhi R/o vill - Jalalpur, P.s. - Kuchaikote, Distt.- Gopalganj, Bihar
5. Ishwar Manjhi S/o Sanhu Manjhi R/o vill - Jalalpur, P.s. - Kuchaikote, Distt.- Gopalganj, Bihar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Prasoon Shekhar, Advocate Mr. Ankit Kumar, Advocate For the Opposite Party/s : Mr. Rajendra Prasad Nat, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 29-01-2025 Heard learned counsel for the petitioners and the State. 2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307/34 of the Indian Penal Code. 3. As per prosecution case, on 26.04.2024 at about 9 AM, all the F.I.R. name accused persons including these petitioners were erecting pillars on the land of informant and when informant objected, co-accused Rohit Manjhi assaulted informant with sword. 4. Learned counsel for the petitioners submits that due to land dispute between the parties, an altercation took place. Patna High Court CR. MISC. No.89638 of 2024(2) dt.29-01-2025 2/2 Specific accusation of assault is against co-accused Rohit Manjhi. Allegation of assault against petitioners is general and omnibus and there is no allegation of specific overt act against them. Case and counter case. Injuries sustained by the injured are simple in nature. Moreover, F.I.R. has been lodged after delay of six days without any plausible explanation. 5. Learned A.P.P. for the State vehemently opposed the bail application. 6. Considering the fact that specific accusation of assault is against other accused person and other facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail- bond of Rs.
10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-I, Gopalganj in connection with Kuchaikote P. S. Case No. 193 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. Navya/- (Prabhat Kumar Singh, J) U T