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Patna High CourtCR. MISC./5469/2025bail granted

Amarjeet Manjhi v. The State Of Bihar

2025-02-15Mr. Justice Arun Kumar Jha4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 5469 of 2025 Arising Out of PS. Case No.-395 Year-2024 Thana- BANIAPUR District- Saran ====================================================== Amarjeet Manjhi, S/o Lochan Manjhi, R/o Village- Mirzapur, Police StationJanta Bazar, District- Saran at Chapra ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 6431 of 2025 Arising Out of PS. Case No.-395 Year-2024 Thana- BANIAPUR District- Saran ====================================================== Lochan Manjhi, S/o Jagarnath Manjhi, R/o Village- Mirzapur, Police StationJanta Bazar, Distt.- Saran at Chapra ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 5469 of 2025) For the Petitioner/s :

Mr.Shrinath Manjhi, Advocate For the State :

Mrs. Rina Sinha, APP For the Informant :

Mr. Abhijeet Abhigyan, Advocate (In CRIMINAL MISCELLANEOUS No. 6431 of 2025) For the Petitioner/s :

Mr.Shrinath Manjhi, Advocate For the State :

Mr.Nawal Kishore Prasad, APP For the Informant :

Mr. Abhijeet Abhigyan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 15-02-2025 Since both the bail petitions arise out of Baniyapur P.S. Case No. 395 of 2024, as such, they have been taken up together and are being disposed of by this common order.

2. Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant.

3. In this present cases, the petitioners seek bail in

2/4 connection with Baniyapur P.S. Case No. 395 of 2024, registered on 29.08.2024 for the offences under Sections 127(1)/115(2)/118(1)/117(2)/109/303(2)/351(2)/3(5) of BNS, 2023.

4. As per prosecution case, the petitioners and other co-accused persons abused and assaulted the informant and his friend and the petitioner Amarjeet Manjhi assaulted the informant with khukari and knife. The petitioner Lochan Manjhi took out Rs.55,000/- from the pocket of the informant and another co-accused took away gold chain worth Rs.80,000/- from the informant.

5. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. The occurrence as alleged has ever taken place. The petitioners are labourer and they took a loan from the informant and though the principal amount was paid along with interest, but the informant used to force the family members of the petitioners to do labour work and did not use to pay them. The present case has been lodged in retaliation of Janta Bazar P.S. Case No. 148 of 2024 lodged by the petitioner Lochan Manjhi. There is no independent witness to the alleged occurrence and the person who accompanied the informant did not receive any

3/4 injury which is quite surprising. The place of occurrence is about 6-7 KM from the village of the petitioners and it is not probable that the petitioners and other family members would wait at such place for making assault. The learned counsel further submits that moreover injury report shows only simply injuries on the person of the informant. The petitioners are in custody since 30.09.2024 and charge sheet has been submitted. The petitioners are having clean antecedent.

6. Learned APP as well as learned counsel appearing on behalf of the informant vehemently oppose the submission made on behalf of the petitioners. The learned counsel for the informant submits that four injuries caused by sharp weapon has been found on the person of the informant which corroborates the allegation against the petitioner Amarjeet Manjhi and the petitioner Lochan Manjhi is stated to be order giver.

7. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the simple nature of injuries and further considering the period of custody of the petitioners, submission of charge sheet as well as their clean antecedent and also considering the possibility of their false implication, the petitioners are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten

4/4 Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Saran at Chapra/concerned court, in connection with Baniyapur P.S. Case No. 395 of 2024, subject to the conditions mentioned in Section 437 (3) of the Code of Criminal Procedure and also the following conditions :

(i) One of the bailors will be the close relative of the petitioners.

(ii) The petitioners will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T