Devendra Manjhi @ Dhananjay Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17376 of 2022 Arising Out of PS. Case No.-350 Year-2021 Thana- DAUDPUR District- Saran ====================================================== 1.

DEVENDRA MANJHI @ DHANANJAY MANJHI SON OF RAM NARESH MANJHI R/O VILLAGE- MADAN SATH, POST- DAUDPUR, P.S.- DAUDPUR, DISTRICT- SARAN, CHAPRA 2.

CHANDAN MANJHI SON OF LATE DASHRATH MANJHI R/O VILLAGE- MADAN SATH, POST- DAUDPUR, P.S.- DAUDPUR, DISTRICT- SARAN, CHAPRA 3.

JITENDRA MANJHI SON OF RAM NARESH MANJHI R/O VILLAGEMADAN SATH, POST- DAUDPUR, P.S.- DAUDPUR, DISTRICTSARAN, CHAPRA 4.

MAHATMA MANJHI SON OF LATE SUGREV MANJHI R/O VILLAGEMADAN SATH, POST- DAUDPUR, P.S.- DAUDPUR, DISTRICTSARAN, CHAPRA 5.

NEERAJ MANJHI SON OF LATE BALIRAM MANJHI R/O VILLAGEMADAN SATH, POST- DAUDPUR, P.S.- DAUDPUR, DISTRICTSARAN, CHAPRA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Maheshwar Prasad For the Opposite Party/s :

Mrs.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-09-2022 Heard learned counsel for the parties.

The petitioners apprehend their arrest in a case registered for the offence under Sections 147, 323, 353, 504, 506 of the Indian Penal Code.

As per the prosecution case, all the accused persons scuffled with the police personnel, as a result of which, one police personnel sustained injury.

Patna High Court CR. MISC. No.17376 of 2022(2) dt.27-09-2022 2/3 It is submitted on behalf of petitioners that petitioners have been falsely implicated in this case. Allegation of abuse and assault is general and omnibus. As a matter of fact, due to land dispute between petitioners' side and one Yashodanand Manjhi, the alleged occurrence took place. The F.I.R. has been lodged after a delay of ten days without any plausible explanation of delay.

However, learned A.P.P. for the State has opposed the bail petition and submitted that petitioners no. 1 and 3 have got three criminal antecedent and there is specific allegation of assault against petitioner no. 1.

Considering the same, the prayer for anticipatory bail of petitioners no. 1 and 3 is refused.

So far as other petitioners i.e. petitioners no. 2, 4 and 5 are concerned, since there is general and omnibus allegation and they have got clean antecedent, they are directed to be enlarged on bail, in the event of their arrest/surrender within a period of six weeks from today, on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Chapra / concerned court in connection with Daudpur P.S. Case No. 350 of 2021, subject to condition as laid

Patna High Court CR. MISC. No.17376 of 2022(2) dt.27-09-2022 3/3 down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay/- U T