Laldeo Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38403 of 2019 Arising Out of PS. Case No.-4 Year-2019 Thana- MAINATAND DistrictWest Champaran ====================================================== 1.

LALDEO MANJHI Son of Thag Manjhi Resident of Village - Belawa Tola, P.S.- Mainatand, District - West Champaran.

2.

Upas Manjhi Son of Gurchan Manjhi Resident of Village - Belawa Tola, P.S.- Mainatand, District - West Champaran.

3.

Heeraman Manjhi Son of Sheo Manjhi Resident of Village - Belawa Tola, P.S.- Mainatand, District - West Champaran.

4.

Lalita Devi Wife of Upas Manjhi Resident of Village - Belawa Tola, P.S.- Mainatand, District - West Champaran.

5.

Tijeeya Devi Wife of Radha Manjhi Resident of Village - Belawa Tola, P.S.- Mainatand, District - West Champaran.

6.

Ramprit Manjhi Son of Late Sukhdeo Manjhi Resident of Village - Belawa Tola, P.S.- Mainatand, District - West Champaran. 7.

Brij Manjhi Son of Motar Manjhi Resident of Village - Belawa Tola, P.S.- Mainatand, District - West Champaran.

8.

Bhuteli Manjhi Son of Late Harihar Manjhi Resident of Village - Belawa Tola, P.S.- Mainatand, District - West Champaran. 9.

Paras Manjhi Son of Sukhdeo Manjhi Resident of Village - Belawa Tola, P.S.- Mainatand, District - West Champaran.

... ... Petitioners

Versus

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

For the Petitioners :

Mr. Brij Kishor Mishra, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 27-06-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 149, 114, 307, 151, 152, 353, 323, 504 of the Indian Penal Code registered in

Patna High Court CR. MISC. No.38403 of 2019(2) dt.27-06-2019 2/3 connection with Mainatand P.S. Case No. 04 of 2019.

3. It is submitted that the petitioners have been falsely implicated and the F.I.R. is against as many as 13 named and 20 unknown persons. The accusations are general and omnibus in nature without any specific accusation attributed to the petitioners. No injury has been caused to anyone. Petitioner nos. 3 to 9 claim clean antecedents while petitioner nos. 1 and 2 are accused in one prior cases in which they are on bail.

4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Bettiah, West Champaran in connection with Mainatand P.S. Case No. 04 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors shall be a close relative of the petitioners.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioners shall cooperate with the

Patna High Court CR. MISC. No.38403 of 2019(2) dt.27-06-2019 3/3 investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner nos. 4 and 5 shall be well represented in Court on each and every date during trial except as and when directed by the learned Court to be physically present and petitioner nos. 1 to 3 and 6 to 9 shall remain physically present in court on each and every date, and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar/BT U T