Tun Tun Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3184 of 2019 Arising Out of PS. Case No.-431 Year-2018 Thana- SAKRA District- Muzaffarpur ====================================================== 1.

TUN TUN MANJHI Son of Son of Munna Manjhi Resident of Village - Dholi Bazar, P.S.- Sakra, Distt - Muzaffarpur 2.

Binod Manjhi Son of Munna Manjhi Resident of Village - Dholi Bazar, P.S.- Sakra, Distt - Muzaffarpur 3.

Moneshwar Manjhi Son of Poshan Manjhi Resident of Village - Dholi Bazar, P.S.- Sakra, Distt - Muzaffarpur 4.

Ramprit Manjhi Son of Achhelal Manjhi Resident of Village - Dholi Bazar, P.S.- Sakra, Distt - Muzaffarpur 5.

Ramdhari Manjhi son of Bichari Manjhi Resident of Village - Dholi Bazar, P.S.- Sakra, Distt - Muzaffarpur 6.

Upendra Manjhi Son of Suphal Manjhi Resident of Village - Dholi Bazar, P.S.- Sakra, Distt - Muzaffarpur 7.

Jai Narain Manjhi @ Jai Narain Manjhi @ Jai Narain Mahi Son of Kuisha Manjhi Resident of Village - Dholi Bazar, P.S.- Sakra, Distt - Muzaffarpur ... ... Appellants.

Versus

The State of Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Anish Kumar For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 04-09-2019 Heard learned counsel for the appellants and learned Special Public Prosecutor for the State. This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer of anticipatory bail vide order dated 25.06.2019 passed by learned 11thAdditional

Patna High Court CR. APP (SJ) No.3184 of 2019(3) dt.04-09-2019 2/3 Sessions Judge cum Special Judge (SC/ST Act), Muzaffarpur in connection with Sakra P.S. Case No. 431 of 2018 registered under Sections 147, 148, 149, 341, 323, 307, 332, 333, 353, 379, 145, 504 & 506 of the Indian Penal Code and Section 3(1) (r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

On getting information about blockage of the road by some persons putting the dead body of a child on the road, when the informant along with others arrived there and tried to clear the blockage 17 named and 165 unknown miscreants started slating him in the name of his caste and made attack on him, they also snatched his mobile and other documents. One Amresh Kumar Chaudhary was leading the mob.

It is submitted by learned counsel for the appellants that no such occurrence as alleged ever took place. Appellants have been falsely implicated in the case due to dirty village politics. The allegation of assaulting and slating the informant levelled against the appellants is not specific rather general and omnibus in nature. There were 167 persons at the place of occurrence but the informant has not stated in specific as to who slated him in the name of his caste. Appellants also happen to be members of scheduled caste community. Hence no

Patna High Court CR. APP (SJ) No.3184 of 2019(3) dt.04-09-2019 3/3 offence under Section SC/ST Act is made out against the appellants. Appellants have no criminal antecedent. Similarly situated co-accused, namely, Mithlesh Sah and another have been enlarged on bail by this Court vide order dated 31.07.2019 passed in Cr. Appeal (SJ) No.3111 of 2019.

Learned Spl. PP for the State opposed the prayer for bail.

In the facts and circumstances of the case, the above named appellants, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned 11th Additional Sessions Judge cum Special Judge (SC/ST Act), Muzaffarpur in connection with Sakra P.S. Case No. 431 of 2018, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

Accordingly, the impugned order is set aside and this appeal is allowed.

(Prakash Chandra Jaiswal, J) Trivedi/- U T