Baidyanath Manjhi @ Baidyanath @ Vaidyanath Manzi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.852 of 2021 Arising Out of PS. Case No.-329 Year-2020 Thana- DHAKA District- East Champaran ====================================================== 1.

BAIDYANATH MANJHI @ BAIDYANATH @ VAIDYANATH MANZI Son of Horil Manjhi Resident of Village- Yadopur Nanhkar, P.S.- Dhaka, Distt- East Champaran.

2.

Fekan Manjhi Son of Horil Manjhi Resident of Village- Yadopur Nanhkar, Police Station- Dhaka, Distt- East Champarn ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr. Permeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-07-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 323, 324, 326, 307 of the Indian Penal Code in which section 302 IPC was added later on.

The prosecution allegation, in short, is that the accused persons assaulted the informant and family members due to which they sustained injuries. The informant received head

Patna High Court CR. MISC. No.852 of 2021(2) dt.19-07-2021 2/3 injuries and treated at hospital and later returned home and thereafter he died.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. Though in the order of the Sessions Court, it has been indicated that there is specific allegation of assault alleged against the petitioners but in paragraph 8 of the application, the petitioners have stated that the said finding in the order is error of record. There is no specific overt act alleged against the petitioners. Altogether 17 persons have been named in the F.I.R. including the petitioners.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances and also the lockdown, the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bonds to the satisfaction of learned S.D.J.M.,

Patna High Court CR. MISC. No.852 of 2021(2) dt.19-07-2021 3/3 Sikrahana at Dhaka, East Champaran in connection with Dhaka P.S. Case No. 329/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T