Dabloo Manjhi @ Dabloo Mandhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7002 of 2022 Arising Out of PS. Case No.-3 Year-2013 Thana- AIRPORT District- Patna ====================================================== DABLOO MANJHI @ DABLOO MANDHI S/o Dashrath Manjhi Resident of Mohalla- North West Corner of Govt. Residence from Ashiyana More, P.S.- Shastrinagar, District- Patna.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Parmeshwar Vishwakarma, Advocate For the Opposite Party/s :
Mr. Manoj Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Let the defect(s), if any, be removed within a period of four weeks.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 427 and 353 of the Indian Penal Code. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. The informant alleges that on 01.01.2013, at about 05:00 p.m., he received an information that some miscreants have blocked the road and were pelting stones and, accordingly, the police reached the place of occurrence and found that the miscreants had damaged the vehicle of Shastri Nagar police
Patna High Court CR. MISC. No.7002 of 2022(2) dt.23-08-2022 2/3 station and were also pelting stones upon the police team in which the informant also received injury on his hand along with other police personnel who received injury on their body and chest.
Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case and was completely unaware that a case has been instituted against him. He further submits that since the petitioner was completely unaware that a case has been instituted against him, as such, there was delay in approaching the Court for seeking anticipatory bail. He next submits that even the allegations are general and omnibus in nature i.e. no specific allegation has been alleged against the petitioner.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the
Patna High Court CR. MISC. No.7002 of 2022(2) dt.23-08-2022 3/3 case is pending/successor court in connection with Hawai Adda P.S. Case No. 03 of 2013, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and further the learned court below before accepting the bail bond of the petitioner shall verify whether any process under Section 82 Cr.P.C. has been issued against the petitioner or not. In the event, if process under Section 82 Cr.P.C. has been issued then the present order shall not be acted upon.
(Satyavrat Verma, J) Kundan/- U T