Partly allowed

Jaitha Manjhi Alias Kisku Alias Jaitha Kisku v. the State of Jharkhand

Jharkhand HC4 Aug 2022A.B.A./4079/2022

Case brief

AI extract

What is this about?

The High Court of Jharkhand disposed of an anticipatory bail application filed by four accused persons in a criminal case involving assault and grievous hurt. The court granted bail to three applicants while rejecting the prayer for the fourth applicant based on the specific severity of allegations against him.

What did the court decide?

Anticipatory bail allowed for three applicants with bail bond and sureties on specific conditions; rejected for Rameshwar Manjhi.

Jaitha Manjhi Alias Kisku Alias Jaitha Kisku Vs the State… — Bail and Remand | Jharkhand HC (2022)

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4079 of 2022

¶2

Jaitha Manjhi @ Kisku @ Jaitha Kisku

¶3

Nepali Manjhi @ Biralal Hansda

¶4

Rameshwar Manjhi @ Ramesh Kisku

¶5

Shyamlal Manjhi @ Lakhiram Manjhi .... … Petitioners Versus

¶6

The State of Jharkhand …. …. Opp. Party --------

¶7

CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND

¶8

-------For the Petitioners : Mr. Ram Lakhan Yadav, Advocate For the State : Mr. Shiv Shankar Kumar, A.P.P. For the Informant : Md. Shahabuddin, Advocate.

¶9

¶10

06/ 04.08.2022 Heard learned counsel for the applicants and the learned A.P.P. for the State.

¶11

This anticipatory bail application has been filed on behalf of the abovenamed applicants seeking anticipatory bail in connection with Bengabad P.S. Case No. 05 of 2019, registered under Sections 147/148/149/323/341/325/307/504/506 of the Indian Penal Code, pending in the court of the Judicial Magistrate, 1^st Class, Giridih.

¶12

Learned Counsel for the applicants has submitted that the F.I.R. of this case was lodged against five named accused including the applicants and 10 to 15 unknown persons with these allegations that on 07.01.2019 the informant was coming by motorcycle along with his wife amid the way accused persons Chuna Manjhi, Rameshwar Manjhi, Shyamlal Manjhi, Nepali Manjhi and Jaitha Manjhi who had already laid the way along with 10 to 15 unknown persons armed with Lathi, Danda, Tangi, Bows and arrow, Farsa and Sword began to assault the informant. However, informant made effort to escape but on exhortation by Chuna, Shyamlal, Nepali and Jaitha accused Rameshwar Manjhi shot arrow with the bow which hit to the stomach of the informant while other persons also assaulted him with stones and bricks. This occurrence took place on the issue of land dispute.

¶13

Learned Counsel for the applicants has submitted that, as per F.I.R. allegations, five persons are named and 10 to 15 are unknown persons. All are alleged to assault with deadly weapon. Injuries which the informant sustained was single injury caused by arrow in his stomach, same is alleged to be inflicted by Rameshwar Manjhi. Co-accused Chunnu Kisku @ Chuna Manjhi who was also among those who had exhorted at the place of occurrence, has been granted anticipatory bail in A.B.A.No. 3634 of 2022 vide order dated 29.06.2022 by the Co-ordinate Bench of this Court and the applicants are having no criminal antecedent.

¶14

Learned A.P.P. appearing on behalf of the State vehemently opposed the contentions made by the learned counsel for the applicants and contended that it was

¶15

¶16

Rameshwar Manjhi who had shot arrow and same hit to the stomach of the informant and he assaulted on the exhortation of the co-accused.

¶17

In view of the submissions made and the materials on record, no case of anticipatory bail of the applicant-Rameshwar Manjhi is made out. Accordingly, anticipatory bail of the applicant-Rameshwar Manjhi is rejected.

¶18

So far as the anticipatory bail application of the applicants Jaitha Manjhi @ Kisku @ Jaitha Kisku, Nepali Manjhi @ Biralal Hansda and Shyamlal Manjhi @ Lakhiram Manjhi are concerned no useful purpose would be served to keep the present application pending or calling for counter affidavit from the State. Without expressing any opinion on the merits of the case, the applicants Jaitha Manjhi @ Kisku @ Jaitha Kisku, Nepali Manjhi @ Biralal Hansda and Shyamlal Manjhi @ Lakhiram Manjhi are entitled to be released on anticipatory bail, at this stage. Accordingly, prayer for anticipatory bail of the applicants Jaitha Manjhi @ Kisku @ Jaitha Kisku, Nepali Manjhi @ Biralal Hansda and Shyamlal Manjhi @ Lakhiram Manjhi is hereby allowed.

¶19

In the event of arrest, let the applicants Jaitha Manjhi @ Kisku @ Jaitha Kisku, Nepali Manjhi @ Biralal Hansda and Shyamlal Manjhi @ Lakhiram Manjhi be released on anticipatory bail on furnishing bail bond of Rs.20,000/-(Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the court concerned on the following conditions :-

¶20

i. The applicants shall make themselves available for interrogation by a police officer as and when required.

¶21

ii. The applicants shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer or tamper with the evidence.

¶22

iii. In default of any of the conditions mentioned above, the investigating officers shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.

¶23

iv. The applicants shall co-operate in the trial before the court below and in case of non-cooperation, the trial court would be at liberty to cancel the bail of the applicants without any reference to this Court.

¶24

P.K.S.

Jaitha Manjhi Alias Kisku Alias Jaitha Kisku v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Jaitha Manjhi Alias Kisku Alias Jaitha Kisku v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Manoj Kumar Singh Vs the State of Jharkhand

Munna Jaiswal Vs the State of Jharkhand

Champay Chandra Shekhar Dangil Vs the State of Jharkhand

Mantu Mahato Alias Debendra Nath Mahato Vs the State of Jharkhand

Gaffar Ansari Alias Abdul Gaffar Vs the State of Jharkhand

Asharfi Chaudhary Vs the State of Jharkhand