Patna High Court - Orders
Chorhi Manjhi @ Chodhi Manjhi vs The State Of Bihar on 24 June, 2024
Author: Prabhat Kumar Singh
Bench: Prabhat Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27416 of 2024
Arising Out of PS. Case No.-1072 Year-2022 Thana- GAYA COMPLAINT CASE District-
Gaya
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CHORHI MANJHI @ CHODHI MANJHI S/O- LATE BAHARU MANJHI
@ BAHRU MANJHI R/O- VILLAGE- SIMARIYA, P.S.- CHAKANT,
DIST.- GAYA.
... ... Petitioner/s
Versus
1. THE STATE OF BIHAR
2. Sidheshwar Manjhi S/o Late Govardhan Manjhi R/o vill - Simariya, P.S. -
Chakand, Distt. - Gaya
... ... Opposite Party/s
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Appearance :
For the Petitioner : Mr. Vinod Kumar, Advocate
For the State : Mr. Sanjay Kumar Singh, APP
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 24-06-2024Heard learned counsels for the parties.
2. The petitioner apprehends his arrest in a complaint case registered for the offence punishable under Sections 342, 323, 324, 325, 307, 427, 452, 147 and 149 of the Indian Penal Code.
3. Case of the complainant in short is that while the complainant and his family members were going to sleep suddenly this petitioner, along with other accused persons, armed with khanti, lathi and bricks arrived there and started assaulting the complainant and his family members on the pretext that this complainant performed black magic through snake on the daughter of the petitioner.
Patna High Court CR. MISC. No.27416 of 2024(3) dt.24-06-2024 2/3
4. It is submitted by learned counsel appearing on behalf of the petitioner that the petitioner has been falsely implicated in this case only due to land dispute. It is next submitted that the complaint petition has been lodged after delay of one and half months of the alleged occurrence and there is no explanation for the same, which itself makes the prosecution case doubtful. It is further submitted that the injuries allegedly caused by the petitioner have been opined to be simple in nature. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the aforesaid facts and circumstances, nature of injuries sustained by the injured and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged 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 J.M.F.C., Gaya, in connection with Gaya Complaint Case No. 1072 of 2022, subject to condition as laid Patna High Court CR. MISC. No.27416 of 2024(3) dt.24-06-2024 3/3 down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) shashank/-
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