Patna High Court Quashes Cognizance Order Against State Minister Santosh Manjhi In 2017 FIR Over Road Blockade, Assault In Bodh Gaya

The Patna High Court granted relief to cabinet minister of Minor Water Resources in Bihar Government–Santosh Manjhi in connection with an FIR concerning a 2017 road blockade and protest in Bodh Gaya wherein a police official was assaulted and a woman was allegedly eve-teased.

Manjhi, the son of Union Minister of Micro, Small and Medium Enterprises and former Chief Minister Jitin Manjhi, had moved the high court challenging a 2021 order passed by Chief Judicial Magistrate, Gaya taking cognizance of various offences including Sections 147(Punishment for rioting), 148(rioting with deadly weapon), 149(unlawful assembly), 188(Disobedience to order duly promulgated by public servant), 341(wrongful restraint), 323(voluntarily causing hurt), 338(grievous hurt by act endangering life or personal safety of others), 354(B)(Assault or use of criminal force to woman with intent to disrobe), 363(kidnapping), 427(mischief), 504 (Intentional insult with intent to provoke breach of the peace) IPC, Bihar Police Act and Prevention of Damage of Public Property Act.

The petitioner's counsel submitted that the petitioner, who is presently serving as Minister in the Bihar Government, has falsely been implicated in the case because of political rivalry. He further submitted that the petitioner was just addressing the gathering. It was submitted that order taking cognizance is bad in the eyes of law as the same is based on no evidence and has been passed without application of mind.

The State meanwhile opposed the plea but said that there is only one allegation against the petitioner that he was addressing the gathering.

Justice Sandeep Kumar in his order said:

"Upon reading of the FIR and considering the submission of the parties, it is clear that there is no allegation of assault against the petitioner and he was only addressing the gathering which does not support the prosecution case. In view of the above, this application is allowed. Accordingly, the order dated 12.02.2021 passed by the learned Chief Judicial Magistrate, Gaya in Bodh Gaya P.S. Case No. 199 of 2017 is hereby quashed qua the petitioner only".

The Police Inspector cum- SHO, Bodh Gaya police station wrote a self statement alleging that he got telephonic information about road block at Domuhane Chowk by some persons and to that effect an entry was recorded. When he reached Domuhane Chowk, he saw some people burning tyre who were armed with lathi, danda and they were also indulged in shouting and in misbehaving with travellers.

It was alleged that the petitioner, Dilip Yadav, Dina Manjhi and Nandlal Manjhi were addressing the gathering by loudspeaker. Thereafter, the Block Development Officer, Bodh Gaya, after knowing about the incident also reached and when he asked about the reason of the occurrence, the above named persons said they were protesting against a 2017 FIR wherein arrest was not made.

It was further alleged that despite the assurance given by the government officials about redressal of the grievances, the petitioner and others did not agree to close their protest and in the meanwhile accused Shyam Lal Manjhi, Karu Manjhi started to instigate the gathering and because of the same, a lady who was wearing Burka was insulted.

Thereafter SHO Sanjay Kumar was assaulted 3-4 times causing injury on the head and his hand, and the Chowkidar who was present there identified the miscreants who were involved in teasing and insulting the victim lady as Ashok Paswan, Jawahar Paswan, Naresh Manjhi, Vijay Manjhi, Mahesh Manjhi, Butai Choudhary. It was further alleged that about 30-40 boys who were with lathi, danda also attacked a tempo.

Eventually the road block was removed and FIR was instituted against the petitioner and other accused persons.

Case title: SANTOSH KUMAR SUMAN @ SANTOSH MANJHI v/s The State of Bihar

CRIMINAL MISCELLANEOUS No.43944 of 2021

Counsel for petitioner: Mr. Dinu Kumar, Mr.Ritika Rani, Mr. Vardhan Mangalam

Counsel for respondent: Mr. A.G, Mr. Jharkhandi Upadhyay

Click Here To Read/Download Order