Laljit Manjhi @ Loaljit Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17081 of 2025 Arising Out of PS. Case No.-478 Year-2023 Thana- HISUWA District- Nawada ====================================================== 1.
Laljit Manjhi @ Loaljit Manjhi S/o Jhingan Manjhi Resident of VillageEknar, P.S.- Hisua, District- Nawada 2.
Raj Manjhi @ Raj @ Nada S/o Jhingan Manjhi Resident of Village- Eknar, P.S.- Hisua, District- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sheo Kumar Prasad, Advocate For the State :
Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 02-04-2025 Heard Mr. Sheo Kumar Prasad, learned counsel for the petitioners as well as Mr. Murli Dhar, learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Hisua P.S. Case No. 478 of 2023, F.I.R. dated 27.08.2023 for the offences punishable under Sections 147, 148, 149, 407, 302 of the IPC.
3. According to prosecution case, all the FIR named accused persons including the petitioners are said to have assaulted the family members of the informant by means of lathi, axe, iron rod etc., due to which they got injured.
4. Learned counsel for the petitioners submits that petitioners have clean antecedent and they have falsely been
Patna High Court CR. MISC. No.17081 of 2025(2) dt.02-04-2025 2/3 implicated in the present case. He further submits that it appears from the FIR that FIR is in two parts. In first part, there is general and omnibus allegation against all the accused persons including the petitioners. In second part, there is specific allegation of assault against the co-accused persons, namely, Jhingan Manjhi and Sanjay Manjhi. Allegation against Jhingan Manjhi is that he assaulted the father of the informant and Sanjay Manjhi is said to have assaulted the brother of the informant. There is no specific allegation of assault against the petitioners.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances, clean antecedent of the petitioners and the fact that no specific allegation of assault has been attributed against the petitioners, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VI, Nawada in connection with Hisua P.S. Case No. 478 of 2023, subject to the conditions as laid down
Patna High Court CR. MISC. No.17081 of 2025(2) dt.02-04-2025 3/3 under Section 438(2) of the Code of Criminal Procedure/ 482(2) of the BNSS, 2023 and with other following conditions:- i. Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below. ii. If the petitioners tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) priyanka/- U T