Siyanand Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28898 of 2022 Arising Out of PS. Case No.-125 Year-2021 Thana- PARASBIGHA District- Jehanabad ====================================================== SIYANAND MANJHI SON OF AKHILESH MANJHI R/OF- VILLAGESARTA, P.S.- PARASBIGHA, DIST.- JEHANABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Sinha For the Opposite Party/s :

Mr. Raj Ballabh Singh For the State : Ms. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-09-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under section 147, 148, 149, 341, 323, 337, 338, 353, 334, 307, 304, 504, 506, 427, 333 Indian Penal Code and 27 Arms Act and 3 damages to Public Property Act.

As per the prosecution case, one under-trial prisoner Govind Manjhi of village Sarta Mushari, died in Sub-Jail, Duadnagar, Aurangabad. On this, the people of

2/4 village Sarta Mushari, Nehalpur Mushari and the people from the surrounding areas blocked NH-10 and they were very aggressive. It is stated in the F.I.R. that when the police party reached there, about 200-250 persons were burning tyres and protesting violently taking lathis, dandas and rods in their hands. They were not ready to remove the blockade from the road. It is then stated that when the crowd became very aggressive and started pelting bricks on the police party, about 13 police personnel got injured who were treated in the Primary Health Centre at Ratni Faridpur. Further, one woman constable fell down and one unknown vehicle crushed her and she died on the spot. It is alleged that from the information received through local sources and video footage received from different sources, 51 named and 200 unknown persons have been identified. When the police personnel fired from INSAS rifle and one police constable fired three rounds thereafter the crowd dispersed.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from

3/4 the conscious possession of the petitioner. It is further submitted that co-accused person has already been granted bail by a Co-ordinate Bench vide order dated 06.05.2022 passed in Cr. Misc. No. 64857 of 2021. There is general and omnibus allegation against the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 25.07.2021.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, as well as the period of detention the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below, Jehanabad in connection with Parasbigha P.S. Case No. 125 of 2021. The application stands allowed.

(Chandra Prakash Singh, J) niku/- U T

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