The High Court allowed an application for anticipatory bail, holding that the allegations were general and similar co-accused had already been released on bail.
The petitioners are enlarged on bail by furnishing bonds of Rs. 10,000 each with two sureties of like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1968 of 2023
Arising Out of PS. Case No.-538 Year-2021 Thana- KUCHAIKOTE District- Gopalganj
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Lokesh Kumar Singh For the Opposite Party/s : Mr.Dr. Indiwar Kumari ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
2 27-03-2023
Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offence under Sections 341, 323, 324, 307, 302, 504/34 of the Indian Penal Code.
As per F.I.R., on the alleged date and time of occurrence, all the 14 accused persons, including these petitioners, brutally assaulted the family members of the informant. It is further alleged that co-accused Rajan Manjhi assaulted the husband of the informant by means of Farsa on his
Patna High Court CR. MISC. No.1968 of 2023(2) dt.27-03-2023 2/3
head, who subsequently succumbed to the injury during course of his treatment.
It is submitted on behalf of petitioners that allegation of assault is general and omnibus. Except petitioner no. 2, there is no specific overt act against any of the petitioners. So far as petitioner no. 2 Mukesh Manjhi is concerned, he alongwith other co-accused is said to have assaulted Durgesh Manjhi by means of rod on his head, but there is no injury report in respect of Durgesh Manjhi. Some of the similarly situated co-accused persons have already been granted bail by this Court. Petitioners claim clean antecedent.
Learned A.P.P. for the State has opposed the bail petition.
Considering the aforesaid facts and circumstances and the fact that some of the similarly situated co-accused persons have been granted bail and petitioners have got clean antecedent, the prayer for anticipatory bail of petitioners is allowed. Let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VII, Gopalganj in connection
Patna High Court CR. MISC. No.1968 of 2023(2) dt.27-03-2023 3/3
with Kuchaikote P.S. Case No. 538 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J)
anay/- U T
1 issue framed by the court
Whether the petitioners are entitled to anticipatory bail in cases alleging assault, murder attempt, and criminal intimidation.
1 provisions across 1 enactments
Kishor Manjhi
Mukesh Manjhi
Rupesh Manjhi
Devanti Devi
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
