Upendra Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9347 of 2023 Arising Out of PS. Case No.-72 Year-2022 Thana- JALALPUR District- Saran ====================================================== 1.

Upendra Manjhi Son Of Durga Manjhi R/O Vill.- Mangolapur, P.S.- Jalalpur, Distt.- Saran At Chapra.

2.

Shambhu Manjhi Son Of Durga Manjhi R/O Vill.- Mangolapur, P.S.- Jalalpur, Distt.- Saran At Chapra.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Narendra Kumar For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-07-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case instituted for the offence under Sections 302/34 of the Indian Penal Code.

3. The allegation against the petitioners along with others is of assaulting the husband of the informant by means of lathi, danda, rod and stone, due to which he died on way to hospital.

4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case due to old dispute. They have committed no offence. There is general

Patna High Court CR. MISC. No.9347 of 2023(5) dt.20-07-2023 2/2 and omnibus allegation against the petitioners and no specific overt act against these petitioners. At the instance of enemies of the village, present petitioners have been falsely implicated in this present case by the informant. During course of investigation, there is no any direct or indirect evidence has been found against these petitioners. Petitioners have got no criminal antecedent as stated in para-3 of the bail petition. They are languishing in judicial custody since 13.03.2022.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Court concerned in connection with Jalalpur P.S. Case No. 72 of 2022.

(Sunil Kumar Panwar, J) arish/- U T