Shivtahal Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81260 of 2025 Arising Out of PS. Case No.-73 Year-2025 Thana- LACHHUAR District- Jamui ====================================================== Shivtahal Manjhi Son of Late Kishun Manjhi, R/o Village - Rajpura Musahari, P.S.- Lachhuar, District - Jamui.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Niwas Prasad, Adv.
For the Opposite Party/s :
Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 09-12-2025 Heard learned Advocate for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Lachhuar P.S. Case No.73 of 2025 registered for the offences punishable under Sections 191(2), 191(3), 190, 223, 126(2), 115(2), 109(1), 121(1), 121(2), 132, 352 and 351(2) of the BNS and Section 3 of Prevention of Damage Public Property Act.
3. In course of patrolling duty, while the police personnel proceeded in search of accused Ranjeet Kora and Naresh Kora in connection with previous cases, the FIR named accused persons along with 15-20 unknown persons surrounded them and started pelting stones. They also assaulted them by means of lathi, danda and damaged the police vehicles.
Patna High Court CR. MISC. No.81260 of 2025(2) dt.09-12-2025 2/3
4. Learned Advocate for the petitioner contended that though the petitioner is not named in the FIR and omnibus nature of allegation has been levelled against all the FIR named accused persons as well as unknown miscreants, but during the course of investigation, the police implicated the name of the petitioner and, as such, the petitioner is apprehending his arrest at the hands of the police personnel. The petitioner has nothing to do with the present occurrence and had not participated in the crime, but the police in collusion with the local Chowkidar, implicated his name during the course of investigation. Moreover, the petitioner bears fair antecedent and he undertakes that he will fully cooperate in the proceeding of the Court.
5. On the other hand, learned Advocate for the State submitted that though the petitioner is not named in the FIR, however, if his complicity has come during the course of investigation, who was found involved in causing obstruction to discharge of the official duty, he does not deserve the privilege of anticipatory bail.
6. Having considered the submissions set forth by the learned Advocate for the respective parties and taking note of the fact that the name of the petitioner has later on transpired during the course of investigation, as has been stated in para-8
Patna High Court CR. MISC. No.81260 of 2025(2) dt.09-12-2025 3/3 of the bail application, besides the petitioner bears fair antecedent, let the above named petitioner, be released on bail, in the event of his 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) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Jamui in connection with Lachhuar P.S. Case No.73 of 2025, subject to the condition as laid down under Section 482(2) of the BNSS, with further condition that one of the bailors shall be the own/close family members of the petitioner. (Harish Kumar, J) rohit/- U T