Ramprit Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85078 of 2019 Arising Out of PS. Case No.-47 Year-2019 Thana- MAINATAND District- West Champaran ====================================================== 1.
RAMPRIT MANJHI Son of Nageshwar Manjhi Resident of Village - Dhobini, P.S.- Mainatand, District- West Champaran 2.
Kariman Manjhi Son of Late Bagad Manjhi Resident of Village - Dhobini, P.S.- Mainatand, District- West Champaran 3.
Jageshar Manjhi Son of Late Kangali Manjhi Resident of Village - Dhobini, P.S.- Mainatand, District- West Champaran 4.
Yogendra Patel Son of Jaikishun Patel Resident of Village - Dhobini, P.S.- Mainatand, District- West Champaran 5.
Kishuni Manjhi Son of Kariman Manjhi Resident of Village - Dhobini, P.S.- Mainatand, District- West Champaran 6.
Bhola Paswan Son of Yogendra Paswan Resident of Village - Dhobini, P.S.- Mainatand, District- West Champaran 7.
Halim Mian Son of Alibas Mian Resident of Village - Dhobini, P.S.- Mainatand, District- West Champaran 8.
Dhuranadhar Manjhi @ Dhurendra Manjhi Son of Gauri Manjhi Resident of Village - Dhobini, P.S.- Mainatand, District- West Champaran 9.
Saheb Mukhia Son of Heera Mukhia Resident of Village - Dhobini, P.S.- Mainatand, District- West Champaran 10.
Achchhela Ram Son of Jagdish Ram Resident of Village - Dhobini, P.S.- Mainatand, District- West Champaran 11.
Sita Ram Ram Son of Late Prasad Ram Resident of Village - Dhobini, P.S.- Mainatand, District- West Champaran 12.
Bantu Ram @ Bannu Ram Son of Late Gudar Ram Resident of Village - Dhobini, P.S.- Mainatand, District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Singh For the Opposite Party/s :
Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-01-2020 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.
Patna High Court CR. MISC. No.85078 of 2019(2) dt.06-01-2020 2/3 This is an application for grant of anticipatory bail in connection with Mainatand P.S. Case No. 47 of 2019 registered for the offence punishable under Sections 147, 148, 149, 323, 324, 325, 188, 382 and 307 of the Indian Penal Code. The allegation is regarding 46 FIR named accused persons and about 300 non-FIR named accused persons having formed an unlawful assembly whereafter they had arrived at the place of occurrence, armed with rifle, gun, country made pistol, spear etc. and had attacked the informant when he was going to plough his land, with the intention of dispossessing the informant of his agricultural land.
The learned counsel for the petitioners has submitted that the petitioners are innocent and they have been falsely implicated in the present case on account of land dispute and village politics. It is further submitted that the allegation levelled by the informant is general and omnibus in nature. Lastly, it is submitted that similarly situated co-accused persons have already been granted anticipatory bail by a coordinate Bench of this Court vide order dated 21.11.2019 passed in Criminal Miscellaneous No. 73441 of 2019.
Having considered the facts and circumstances of the case and considering the nature of accusation as also
Patna High Court CR. MISC. No.85078 of 2019(2) dt.06-01-2020 3/3 considering the parity of the case of the petitioners herein with those co-accused persons, who have already been granted anticipatory bail by the coordinate Bench of this Court, I deem it fit and proper to direct for release of the petitioners on anticipatory bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Bettiah, West Champaran in connection with Mainatand P.S. Case No. 47 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Mohit Kumar Shah, J) ajay gupta/- U T