Rajdeo Manjhi @ Raj Rikiyasan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6749 of 2024 Arising Out of PS. Case No.-916 Year-2023 Thana- BARACHATTI District- Gaya ====================================================== 1.

RAJDEO MANJHI @ RAJ RIKIYASAN S/O RAMDEO MANJHI @ SADHU MANJHI @ RAMPRASAD RIKIYSAN R/O VILLAGETILAIYA TOLA CHARKEDINYA, P.S- MOHANPUR, DISTT.- GAYA. 2.

JATAN MANJHI @ RAMJATAN MANJHI S/O LATE RAMBRIKSH MANJHI R/O VILLAGE- TILAIYA TOLA CHARKEDINYA, P.SMOHANPUR, DISTT.- GAYA. 3.

BUTAYE MANJHI @ MANKI MANJHI S/O LATE RAMBRIKSH MANJHI R/O VILLAGE- TILAIYA TOLA CHARKEDINYA, P.SMOHANPUR, DISTT.- GAYA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-02-2024

1. This application, for grant of anticipatory bail, arises out of Barachatti (Mohanpur) Police Station Case No. 916 of 2023, dated 08.10.2023, disclosing offences punishable under Sections 147/148/149/341/323/353/307/504/506 of the Indian Penal Code.

2. The prosecution case, as per the First Information Report, is that on 04.10.2023, the Circle Officer, Mohanpur, went to the place of occurrence, where a house was being constructed upon the Government land, bearing Khata No. 137, Plot No. 160. When the police party tried to

Patna High Court CR. MISC. No.6749 of 2024(2) dt.22-02-2024 2/3 prevent the accused persons, who were engaged in the construction of the house on the Government land, they started pelting stones upon the police party and tried to snatched the arms of the police party, due to which the police party sustained injury. It has further been alleged that the accused persons also prevented the police party in discharge of their official duty. The police somehow escaped from the place of occurrence due to the unruly scene created by the petitioners and others.

3. Learned Counsel for the petitioners submits that the petitioners have falsely been implicated in this case on the basis of concocted story. He further submits that there is four days' delay in lodging the First Information Report. The injury caused to the Constable is not corroborated by the First Information Report.

4. I have heard learned Counsel for the parties and have gone through the materials available on record.

5. From perusal of the impugned order, it appears that the petitioners are named in the First Information Report. They, along with others, created unruly scene when the police party arrived to discharge their official duty. The police party was attacked and one of the Constables

Patna High Court CR. MISC. No.6749 of 2024(2) dt.22-02-2024 3/3 sustained injury. An attack on police team while on official duty undermines the safety and security of lawenforcement agency. Incidents of mob violence against law enforcement agency have become order of the day now in this State which can be very dangerous, often escalating tensions and compromising public safety.

6. Accordingly, I am not inclined to grant the petitioners privilege of anticipatory bail.

7. This application is, accordingly, dismissed. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √