Laxman Manjhi vs The State Of Bihar
2021 Latest Caselaw 4387 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No.35779 of 2021
                               Arising out of
                  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, S/o Late Sheo Mangal Manjhi

2. Prabhu Manjhi, aged about 35 years, Male, S/o Late Vasudeo Manjhi

3. Shambhu Manjhi, aged about 34 years, Male, S/o Late Vasdeo Manjhi

4. Prabha Devi, aged about 26 years, Female, W/o Shambhu Manjhi

5. Bedami Devi, aged about 32 years, Female, W/o Prabhu Manjhi

6. Sobha Devi, aged about 28 years, Female, W/o Laxman Manjhi

7. Manju Devi, aged about 24 years, Female, W/o 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. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 01-09-2021

The matter has been heard via video conferencing.

2. Heard Mr. Bimlesh Kumar Pandey, learned counsel

for the petitioners and Mr. Nand Kishore Prasad, learned

Additional Public Prosecutor (hereinafter referred to as the

'APP') for the State.

3. Learned counsel for the petitioners undertakes to e Patna High Court CR. MISC. No.35779 of 2021 dt.01-09-2021

file the petition supported by affidavit by today itself. Let the

same be done.

4. The petitioners have moved the Court seeking

modification of the judgment dated 18.03.2021 passed in Cr.

Misc. No. 14334 of 2021.

5. Learned counsel for the petitioners submitted that

the petitioners had been granted anticipatory bail by judgment

dated 18.03.2021 passed in Cr. Misc. No. 14334 of 2021.

However, it was submitted that among the conditions it was also

stipulated that one of the bailors will be close relative of the

petitioners. Learned counsel submitted that the petitioners and

their relatives are basically not landed persons and even the

houses of the petitioners are on gairmajarua land and, thus,

none of their close relatives satisfies the criteria to stand as a

bailor for want of valuable security. Learned counsel submitted

that local bailors with sufficient means are ready to stand bailor

for the petitioners' release in the present case. It was further

submitted that because of the stipulation of having to surrender

before the Court below within six weeks from 18.03.2021 which

could not be complied with, the petitioners no. 1, 4, 6 and 7,

namely, Laxman Manjhi, Prabha Devi, Sobha Devi and Manju

Devi, respectively, have been arrested and, thus, the petition Patna High Court CR. MISC. No.35779 of 2021 dt.01-09-2021

stands restricted to petitioners no. 2, 3 and 5, namely, Prabhu

Manjhi, Shambhu Manjhi and Bedami Devi, respectively.

6. Learned APP submitted that the petitioners were

required to be vigilant.

7. Having considered the facts and circumstances of

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

Court is inclined to allow the prayer for the reason that the

condition of the petitioners furnishing one of their close

relatives as bailors cannot be satisfied because of their financial

position and thus, there is no deliberate or wilful laches on their

part.

8. Accordingly, the judgment dated 18.03.2021 passed

in Cr. Misc. No. 14334 of 2021 stands modified to the extent

that in place of the condition that one of the bailors shall be a

close relative of petitioners no. 2, 3 and 5, it shall be a person

who resides in the locality of petitioners no. 2, 3 and 5. As the

time allowed to surrender before the Court below for being

released on bail has also expired, the same stands extended for a

further period of six weeks from today.

9. The rest of the terms and conditions of judgment

dated 18.03.2021 passed in Cr. Misc. No. 14334 of 2021 shall

remain unchanged.

Patna High Court CR. MISC. No.35779 of 2021 dt.01-09-2021

10. The petition stands allowed in the aforementioned

terms.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T