Jaggu Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15086 of 2021 Arising Out of PS. Case No.-154 Year-2019 Thana- DESARI District- Vaishali ====================================================== JAGGU MANJHI, Son of Hardeo Manjhi, Resident of Village - Lakhanpurtal, P.S.- Desari, Distt.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-10-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 302 of the Indian Penal Code. Prosecution case, in brief, is that on 13.05.2019 informant's wife and daughter-in-law informed the informant that snake has bitten Mithilesh. Informant alongwith his family members took Mithilesh Kuamr for treatment to an exorcist namely Brahmdeo Ojha at Desari. The exorcist declared the informant's son dead. After returning home with the dead body of his son, informant examined the dead body and found wounds and on the body of his deceased son. There was flow of blood the chest of dead body of informant's son then informant

Patna High Court CR. MISC. No.15086 of 2021(3) dt.06-10-2021 2/3 got suspicious that some unknown person has killed his son by means of weapon due to which he succumbed.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner is not named in the FIR. The petitioner has been made accused in this case on mere suspicion. He further submits that there is no incriminating articles has been recovered from the conscious possession of the petitioner and there is no direct or indirect allegation against the petitioner to connect with the case. The petitioner is languishing in judicial custody since 04.06.2019. The petitioner has got no criminal antecedent which is mentioned in para 3 of the bail petition.

Learned APP for the State vehemently opposed the prayer for bail application and submits that the petitioner has confessed his guilt and stated that he has assaulted the deceased by means of iron barchi.

Considering the custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Sessions Trial No. 108/2020 arising out of Desari P.S. Case No. 154/2019

Patna High Court CR. MISC. No.15086 of 2021(3) dt.06-10-2021 3/3 to the satisfaction of learned Court below where the case is pending/ successor Court.

(Anjani Kumar Sharan, J) amitkumar/- U T