MAHANTH DHANSUKH GIRI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Mahanth Dhansukh Giri, whom the learned counsel for the petitioners Shri Balbhadra Prasad Singh described as the reigning Mahanth of Bodh Gaya Math, Jairam Giri and Din Dayal Giri, the Manager and Assistant Manager, respectively, of the said Math, have come up to this Court for grant of anticipatory bail to them in Bodh Gaya P. S. Case No. 3, dated 8-8-1979, which involves the murder of as many as two persons namely, Ramdeo Manjhi and Pachu Manjhi and serious injury to one Janki Manjhi. The occurrence took place on 8-8-1979 at about 2.30 p. m. in Village Mastipur within Bodh Gaya Police Station. One Karu Sah lodged a Fardbeyan regarding this occurrence at about 5.45 p. m., on 8-8-1979 in spite of the Police Station being only two kilometres from the Police Station.

(2.) It appears that the management of the Bodh Gaya Math had made over certain lands of the Math to the persons working as labourers which they are said to have brought under their khas cultivation. These labourers along with other under the guidance of Chhatra Yuva Sangharsh Wahini had organised a mob to protest against this action of the management of the Bodh Gaya Math. The Fardbeyan lodged by Karu Sah attributted the existence of a rifle in the hands of one Rama Giri, obviously a person other than petitioner No. 2 and he was said to have caused the death of the two deceased. The only allegations in the Fardbeyan against the three petitioners were that it appeared that the petitioners were behind this incident :

(3.) There is a counter version also which was recorded on the statement of one Gopal Singh, presumably an employee of the Bodh Gaya Math, at 3.30 p. m on 8-8-1979. In this information, Gopal Singh attributed the death of one Rarnadhar, an employee of the Bodh Gaya Math, at the hands of the mob consisting of the labourers and the members of the Chhatra Yuva Sangharsh Wahini in course of the incident on 8-8-1979. It further stated about the throwing of bomb by the members of the said mob. There was no explanation in the Fardbeyan lodged by Karu Sah as to how the death of Ramadhar, abovenamed, had occurred.