Laxman Manjhi vs The State Of Bihar
2021 Latest Caselaw 1542 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     CRIMINAL MISCELLANEOUS No.14334 of 2021
        Arising Out of PS. Case No.-3 Year-2020 Thana- PURUSHOTTAMPUR District- West
                                            Champaran
     ======================================================

1. Laxman Manjhi, aged about 30 years, Male, son of Late Sheo Mangal Manjhi

2. Prabhu Manjhi, aged about 35 years, Male, son of Late Vasudeo Manjhi

3. Shambhu Manjhi, aged about 34 years, Male, son of Late Vasdeo Manjhi

4. Prabha Devi, aged about 26 years, Female, wife of Shambhu Manjhi

5. Rambhu Manjhi, aged about 25 years, Male, son of Late Vasudeo Manjhi

6. Bedami Devi, aged about 32 years, Female, wife of Prabhu Manjhi

7. Sobha Devi, aged about 28 years, Female, wife of Laxman Manjhi

8. Manju Devi, aged about 24 years, Female, wife of Rambhu Manjhi All are the resident of Purshottampur, P.S.- Purshottampur, District- West Champaran.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate For the State : Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 18-03-2021

The matter has been heard via video conferencing.

2. Heard Mr. Bimlesh Kumar Pandey, learned counsel

for the petitioners and Mr. Jharkhandi Upadhyay, learned

Additional Public Prosecutor (hereinafter referred to as the 'APP')

for the State.

Patna High Court CR. MISC. No.14334 of 2021 dt.18-03-2021

3. Learned counsel for the petitioners submitted that the

application on behalf of petitioner no. 5 namely, Rambhu Manjhi,

has become infructuous and he may be permitted to withdraw the

same.

4. In view thereof, the application on behalf of petitioner

no. 5 namely, Rambhu Manjhi, stands disposed off a withdrawn

and is now restricted to petitioners no. 1, 2, 3, 4, 6, 7, and 8

namely, Laxman Manjhi; Prabhu Manjhi; Shambhu Manjhi;

Prabha Devi; Bedami Devi; Sobha Devi and Manju Devi,

respectively.

5. The petitioners apprehend arrest in connection with

Purushottampur PS Case No. 03 of 2020 dated 08.01.2020,

instituted under Sections 147, 149, 341, 323, 307, 337, 338, 353,

186 of the Indian Penal Code and 30(a) and 45 of the Bihar

Prohibition and Excise Act, 2016.

6. As per the FIR, when police had gone to raid the

house of Ekarathi Manjhi on secret information, the said accused

seeing the police had fled away but from his house 4.5 litres of

illegal liquor was recovered and it is alleged that he organized the

villagers to oppose the police action in which the petitioners have

been identified.

Patna High Court CR. MISC. No.14334 of 2021 dt.18-03-2021

7. Learned counsel for the petitioners submitted that

there was no occasion for the police to recognize the petitioners at

night and further that the police, to cover-up their lapses as they

could not arrest the only accused Ekarathi Manjhi, they have

cooked up this false story. Learned counsel submitted that there is

no injury caused to any police party or loss of public property and

that the petitioners have no criminal antecedent. Learned counsel

submitted that though there is allegation of there being injury

caused near the right side of the eye of the informant who is a Sub

Inspector of Police, it is just a bald allegation as there is no injury

report in support thereof.

8. Learned APP submitted that the petitioners were part

of the mob which was protesting police action against Ekarathi

Manjhi and was also pelting brickbats and stones.

9. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in the

event of arrest or surrender before the Court below within six

weeks from today, the petitioner no. 1 namely, Laxman Manjhi;

petitioner no. 2 namely, Prabhu Manjhi; petitioner no. 3 namely,

Shambhu Manjhi; petitioner no. 4 namely, Prabha Devi; petitioner

no. 6 namely, Bedami Devi; petitioner no. 7 namely, Sobha Devi

and petitioner no. 8 namely, Manju Devi be released on bail upon Patna High Court CR. MISC. No.14334 of 2021 dt.18-03-2021

furnishing bail bonds of Rs. 25,000/- (twenty five thousand) each

with two sureties of the like amount each to the satisfaction of the

learned Special Judge, Excise, Bettiah, West Champaran in

Purushottampur PS Case No. 03 of 2020, subject to the conditions

laid down in Section 438(2) of the Code of Criminal Procedure,

1973 and further, (i) that one of the bailors shall be a close relative

of the said petitioners, (ii) that the said petitioners and the bailors

shall execute bond with regard to good behaviour of the said

petitioners, and (iii) that the said petitioners shall also give an

undertaking to the Court that they shall not indulge in any

illegal/criminal activity, act in violation of any law/statutory

provisions, tamper with the evidence or influence the witnesses.

Any violation of the terms and conditions of the bonds or the

undertaking shall lead to cancellation of their bail bonds. The said

petitioners shall cooperate in the case and be present before the

Court on each and every date. Failure to cooperate or being absent

on two consecutive dates, without sufficient cause, shall also lead

to cancellation of their bail bonds.

10. It shall also be open for the prosecution to bring any

violation of the foregoing conditions of bail by the said petitioners,

to the notice of the Court concerned, which shall take immediate Patna High Court CR. MISC. No.14334 of 2021 dt.18-03-2021

action on the same after giving opportunity of hearing to the

concerned petitioners.

11. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T