Balendra Manjhi @ Birendra Manjhi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53559 of 2017 Arising Out of PS.Case No. -283 Year- 2017 Thana -BELAGANJ District- GAYA ======================================================
1. Balendra Manjhi @ Birendra Manjhi, son of late Golak Manjhi
2. Sukhu Manjhi, son of late Puna Manjhi
3. Mahendra Manjhi, son of Ram Ishwar Manjhi
4. Nagina @ Salam Manjhi, son of late Firangi Manjhi
5. Ram Dahin Manjhi, son of late Kameshwar Manjhi
6. Ramji Manjhi, son of late Rama Manjhi
7. Mithu Manjhi, son of late Rama Manjhi
8. Jitendra Manjhi, son of Ramadahin Manjhi
9. Bhuna Manjhi, son of late Rama Manjhi
10. Krishna Manjhi, son of Ram Dahin Manjhi
11. Bandhu @ Budhu Manjhi, son of Kailash Manjhi
12. Ranjeet Chaudhary, son of late Govind Chaudhary
13. Sanju Chaudhary, son of late Govind Chaudhary All are resident of village Sripur, P.S. Belaganj, Distt. Gaya
14. Gandhi Manjhi, son of Rambali Manjhi, resident of village Samsara, P.S. Men (Pai Bigha O.P.), Distt. Gaya.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar, Advocate. For the Opposite Party/s : Mr. Ramchandra Sahani, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-11-2017 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Belaganj P.S. Case No. 283 of 2017 instituted for the offence under Sections 147, 149, 341, 342, 323, 325, 353, 224, 427, 120(B) of the Indian Penal Code and Section 30(A)(B) of Bihar Prohibition and Excise Act, 2016.
It is alleged in the written report that one Baigan
Patna High Court Cr.Misc. No.53559 of 2017 (5) dt.30-11-2017 2/3 Manjhi was apprehended by the police with country made (Mahua) liquor. The police wanted to arrest acused Baigan Manjhi but the mob arrived there and started pelting stones on police party and also damaged police jeep. The mob did not allow the police party to take the accused with them. The Chowkidar has disclosed the name of these petitioners and other accused persons as mentioned in the written report who were involved in the aforesaid occurrence.
As such, there is general and omnibus allegation against the petitioners. The name of these petitioners has been disclosed by Chowkidar.
It is mentioned in paragraph-3 of the bail petition that petitioners have no criminal antecedent.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Belaganj P.S. Case No. 283 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Gaya, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1)
Patna High Court Cr.Misc. No.53559 of 2017 (5) dt.30-11-2017 3/3 bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) S.Ali/- U T