Rakesh Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8158 of 2023 Arising Out of PS. Case No.-226 Year-2020 Thana- BELAGANJ District- Gaya ====================================================== RAKESH MANJHI Son of Surendra Manjhi Resident of Village- Bhindaspur Tola Saraiya, P.S.- Belaganj, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shams Alam For the Opposite Party/s :
Ms.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-05-2023 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner seeks regular bail in connection with Belaganj Police Station Case No. 226 of 2020, dated 30.07.2020, registered for the offences punishable under Sections 147/149/341/323/302/307 of the Indian Penal Code and Section 3/4 of the Prevention of Witch Practices Act. The prosecution case, as per the First Information Report, is that while the mother-in-law of the informant was returning to her home after sowing paddy crops, she was surrounded by the accused persons, 13 in number, named in the First Information Report, and they started assaulting her by means of lathi and danda, after calling her dayan, due to which she died.
Patna High Court CR. MISC. No.8158 of 2023(2) dt.10-05-2023 2/3 Learned Counsel for the petitioner submits that the petitioner is not named in the First Information Report and his name has transpired during the course of investigation and out of 13 accused persons, 10 accused persons have been granted bail by different co-ordinate Benches of this Court, vide orders, passed in Criminal Misc. Nos. 20278, 19661, 70243 of 2021 and 22473 of 2022. He further submits that the petitioner is in custody since 29.08.2022, having no criminal antecedent, and charge sheet has already been submitted against him and as such there is no likelihood that the petitioner will abscond and/or tamper with the evidence.
Regards being had to the submissions made on behalf of the parties and taking into consideration the materials on record and the fact that ten co-accused persons, named in the First Information Report, have been granted bail by this Court, charge sheet has already been submitted and the petitioner is in custody since 29.08.2022, having no criminal antecedent, I am inclined to grant regular bail to the petitioner. This application is, accordingly, allowed.
Let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.8158 of 2023(2) dt.10-05-2023 3/3 learned 2nd Additional Chief Judicial Magistrate, Gaya, in connection with Belaganj Police Station Case No. 226 of 2020. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √