Parmatma Manjhi Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

Parmatma Manjhi Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Pre-arrest bail granted to petitioner nos. 1 to 5: release on arrest or surrender within four weeks, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of learned CJM, Bettiah, West Champaran, in connection with G.R. No.3752/2023 arising out of Majhauliya P.S. Case No. 701 of 2023, subject to Section 438(2) Cr.P.C. conditions and criminal-antecedent verification (order lapses automatically if petitioners found involved in other cases stated in Para-3 of the bail petition).

Issue for consideration

Whether pre-arrest bail should be granted to petitioner nos. 1 to 5 in connection with Bettiah Manjhauliya P.S. Case No. 701 of 2023. +1 more

Court's answer

The petitioners are directed to be released on pre-arrest bail in the event of their arrest or surrender before the Court below within four weeks from the date of the order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned CJM, Bettiah, West Champaran, in connection with G.R. No.3752/2023 arising out of Majhauliya P.S. Case No. 701 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

Ratio / Principle

Basis of grant as weighed by the court: there is no allegation that the petitioners assaulted any vital part of the informant's body, and the allegation against petitioner nos. 1, 2 and 3 is falsified because the doctor has not found any injury on the back of the body of the informant (the allegations against petitioner nos. 4 and 5 having been characterised by counsel as general and omnibus).

Key takeaways

Conditional nature of the grant: the court below is directed to verify the criminal antecedents of the petitioners, and if the petitioners are found involved in other cases as stated in Para-3 of the bail petition, this bail order will automatically lose its force.ratio¶28

Detailed headnote1 paragraphs

PRE-ARREST BAIL GRANTED (Section 438 Cr.P.C.) — High Court of Judicature at Patna, CR. MISC. No.13913 of 2024 (oral order dated 12-03-2024, Justice Purnendu Singh): petitioners Parmatma Manjhi, Paharlad Manjhi, Mejhu Manjhi @ Meghu Manjhi, Chandan Manjhi and Bhikham Manjhi granted pre-arrest bail in connection with Majhauliya P.S. Case No. 701 of 2023, Bettiah, West Champaran (G.R. No.3752/2023), charged under Sections 147, 148, 149, 323, 307, 379, 354B, 504 and 506 of the Indian Penal Code. Grant premised on: no allegation of assault on any vital part of the informant's body; allegation against petitioner nos. 1, 2 and 3 falsified as the doctor found no injury on the back of the informant's body; allegations against petitioner nos. 4 and 5 general and omnibus. Bail bond Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned CJM, Bettiah; arrest/surrender within four weeks; subject to Section 438(2) Cr.P.C. conditions; court below to verify criminal antecedents — order automatically loses force if petitioners found involved in other cases stated in Para-3 of the bail petition.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13913 of 2024

Arising Out of PS. Case No.-701 Year-2023 Thana- MAJHAULIA District- West Champaran

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Parmatma Manjhi S/o Langtu Manjhi R/o Rampurva ward no. 2, P.S. - Majhauliya, Distt. - West Champaran, Bihar

Paharlad Manjhi S/o Late Babulal Manjhi R/o Rampurva ward no. 2, P.S. - Majhauliya, Distt. - West Champaran, Bihar

Mejhu Manjhi @ Meghu Manjhi S/o Late Babulal Manjhi R/o Rampurva ward no. 2, P.S. - Majhauliya, Distt. - West Champaran, Bihar

Chandan Manjhi S/o Late Babulal Manjhi R/o Rampurva ward no. 2, P.S. - Majhauliya, Distt. - West Champaran, Bihar

Bhikham Manjhi S/o Late babulal Manjhi R/o Rampurva ward no. 2, P.S. - Majhauliya, Distt. - West Champaran, Bihar

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance : For the Petitioner/s : Mr.Rishabh Mishra, Advocate. For the Opposite Party/s : Mrs.Nirmala Kumari, APP. ======================================================

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

2 12-03-2024

Heard Mr. Rishabh Mishra, learned counsel appearing

on behalf of the petitioners and Mrs. Nirmala Kumari, learned APP for the State.

The petitioners seek pre-arrest bail in connection with Bettiah Manjhauliya P.S. Case No. 701 of 2023 registered for the offence punishable under Sections 147, 148, 149, 323, 307, 379, 354B, 504 and 506 of the Indian Penal Code.

As per the allegation made in the F.I.R., the accused persons along with the petitioners had assaulted the informant in

Patna High Court CR. MISC. No.13913 of 2024(2) dt.12-03-2024 2/3

which the informant sustained injury on his head and back.

Learned counsel appearing on behalf of the petitioners submitted that the petitioners are innocent and the specific allegation against the petitioner nos. 1, 2 and 3 in the F.I.R. is that of assaulting on the back of the informant and in absence of any injury in the opinion of the doctor on the back of the informant, the allegation against them cannot be sustained. So far as the allegation against petitioner nos. 4 and 5 are concerned, the same is general and omnibus.

Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioners.

Having considered the rival submissions made on behalf of the parties as well as the fact that there is no allegation against the petitioners that they have assaulted on any of the vital part of the body while the allegation against the petitioner nos. 1, 2 and 3 is falsified as the doctor has not found any injury on the back of the body of the informant, the petitioners, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the 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 CJM, Bettiah, West

Patna High Court CR. MISC. No.13913 of 2024(2) dt.12-03-2024 3/3

Champaran in connection with G.R. No.3752/2023, arising out of Majhauliya P.S. Case No. 701 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

The court below is directed to verify the criminal antecedent of the petitioners and if it is found that the petitioners are involved in some other cases as what has been stated in Para-3 of the bail petition, this order will automatically lose its

force.

mantreshwar/-

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