Bhola Manjhi @ Bam Bholi Manjhi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55309 of 2017 Arising Out of PS.Case No. -2 Year- 2017 Thana -SAHODARA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Bhola Manjhi @ Bam Bholi Manjhi, Son of Late Dhoda Manjhi,

2. Jalandhar Manjhi, son of Kamu Mian,

3. Aslam Mian, Son of Kamu Mian,

4. Naga Manjhi, Son of Jalandhar Manjhi,

5. Jaga Manjhi @ Jaga Kumar, son of Jalandhar Manjhi,

6. Maniya Devi, Wife of Jalandhar Manjhi,

7. Rinku Devi, wife of Naga Manjhi. All are resident of village-Bedouli Todi, P.S. Sahodara, District-West Champaran. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Mishra For the Opposite Party/s : Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-11-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Sadohara P.S. Case no. 2 of 2017, registered under Sections 147, 148, 149, 341, 323, 324, 325, 379, 489, 307, 308 and 504 of the Indian Penal Code and Section 27 of the Arms Act.

The accusation is that when informant Sunil Kumar reached near the village then saw that his elder brother Anil Gadhwal was being abused by 16 persons, named in the F.I.R., including the petitioners and some unknown, who were armed with Farsa, Dab, Lathi and country made pistol. The informant asked them

Patna High Court Cr.Misc. No.55309 of 2017 (2) dt.27-11-2017 2/3 to stop abusing to his brother and obstructed to construction house on his land then all the accused became angry. At that time, Mukhlal Manjhi caused injury through Farsa at the head of Anil Gadhwal, brother of the informant, Rajendra Manjhi caused injury through lathi to Anil Gadhwal, when informant rushed to save his brother then petitioner No.2 Jalandhar Manjhi caused blood oozing injury at the head of the informant.

Learned counsel for the petitioners submits that petitioners are innocent and they have falsely been implicated in this case due to grudge and enmity.

Having regard to the facts and circumstances of the case, let the petitioner Nos. 1. Bhola Manjhi @ Bam Bholi Manjhi, (3) Aslam Mian, (4) Naga Manjhi, (5) Jaga Manjhi @ Jaga Kumar, (6) Maniya Devi and (7) Rinku Devi, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the S.D.J.M. West Champaran, Bettiah in connection with Sadohara P.S. Case No. 02 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. So far as petitioner No.2 Jalandhar Manjhi is concerned, having considered the facts and circumstances of the case and the nature of allegation against him, I am not inclined to

Patna High Court Cr.Misc. No.55309 of 2017 (2) dt.27-11-2017 3/3 grant anticipatory bail to the petitioner No.2 Jalandhar Manjhi. Accordingly, his prayer for grant of anticipatory bail stands rejected.

(Rajendra Kumar Mishra, J) manish/- U T